Potts v. Chapin
Massachusetts Supreme Judicial Court
Tort. The declaration as amended was as follows; “ The plaintiff says Stephen K. and Frank Edwards were copartners, residing and doing business as traders and commission merchants in Southbridge under the firm name of Wm.
Read the full summary
Tort. The declaration as amended was as follows; “ The plaintiff says Stephen K. and Frank Edwards were copartners, residing and doing business as traders and commission merchants in Southbridge under the firm name of Wm. Edwards’s Sons ; that the defendant was and is cashier of the Southbridge National Bank in said Southbridge, and said Edwards’s Sons did their banking business through and at the said bank; that said Edwards’s Sons in August 1880, and for a long time before, were heavily indebted to divers persons in large sums of money, and were insolvent; that the said bank, from time to…
1Opinion of the CourtField, J.
Taking the somewhat ambiguous language of the declaration most strongly against the pleader, and in the sense in which both parties in their briefs, and at the argument, agreed it was to be understood, namely, that the clause in the declaration, that “ Edwards’s Sons had not, for a long time prior to the said August, been able to meet their current obligations when due by payment, and had procured extensions by new discounts,” &c., was to be construed to mean, not “ that their paper had been dishonored, but only that they had resorted to the methods afterwards set forth to meet it,” it is…
2Cases cited3 opinions
- Hocker v. GentryCourt of Appeals of Kentucky · 1861
- Sinking Fund Com'rs v. Northern Bank Ky.Court of Appeals of Kentucky · 1858
- Commonwealth v. Van TuylCourt of Appeals of Kentucky · 1858
3Cited by12 opinions
- Swinton v. Whitinsville Savings BankMassachusetts Supreme Judicial Court · 1942
- Willett v. HerrickMassachusetts Supreme Judicial Court · 1927
- Windram Manufacturing Co. v. Boston Blacking Co.Massachusetts Supreme Judicial Court · 1921
- Rosenberg v. LipnickMassachusetts Supreme Judicial Court · 1979
- Benoit v. PerkinsSupreme Court of New Hampshire · 1918
7 more not listed; retrieve them via the Exa API.