Webster v. Coffin
Massachusetts Supreme Judicial Court
This action was assumpsit upon the receipt and undertaking of the defendant, which is recited in the report of the preceding case of Bridge vs. Wyman 8f AL, and was referred to the determination of the Court, upon certain facts agreed and stated by the parties.
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This action was assumpsit upon the receipt and undertaking of the defendant, which is recited in the report of the preceding case of Bridge vs. Wyman 8f AL, and was referred to the determination of the Court, upon certain facts agreed and stated by the parties. The facts stated are substantially contained in the preceding case, viz., the attachment of the ship by the now plaintiff, then a deputy sheriff; his delivery of it to the defendant upon his said receipt, and undertaking to redeliver it on demand; the recovery of judgment and execution by Phillips and others against Noyes; the…
1Opinion of the CourtParker, C. J.
The only question which this case presents is, whether Mr. Coffin is exonerated from his express promise in writing to deliver the ship, which was the subject of the contract
to Webster, the plaintiff; * no demand having been made on him therefor, until more than thirty days had expired after the judgment, to secure which the attachment was made. °
It may be observed that, a demand having been made before the present suit was commenced, the defendant is liable, according to the terms of his contract, and can only be exonerated by showing that the plaintiff himself is not liable to the attaching…
2Cited by12 opinions
- Newcomb v. BrackettMassachusetts Supreme Judicial Court · 1819
- Bacon v. ThorpSupreme Court of Connecticut · 1858
- Macgregor v. Union Life Ins.Court of Appeals for the Eighth Circuit · 1903
- Farrington v. HodgdonMassachusetts Supreme Judicial Court · 1876
- Poole v. SymondsSuperior Court of New Hampshire · 1818
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