Hudson v. Bradley
U.S. Circuit Court for the District of Massachusetts
[Appeal from the district court of the United States for the district of Massachusetts.] The libellant [Joseph Hudson], a sail maker, furnished to the bark America materials and labor in making and repairing her sails, and payment being refused, he instituted this suit against the owners of the vessel, to recover his bill for the materials and labor furnished.
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[Appeal from the district court of the United States for the district of Massachusetts.] The libellant [Joseph Hudson], a sail maker, furnished to the bark America materials and labor in making and repairing her sails, and payment being refused, he instituted this suit against the owners of the vessel, to recover his bill for the materials and labor furnished. It was alleged in the libel that he furnished the materials, and rendered the services during the year 1859; that he had repeatedly requested payment for the same, which had been refused. The respondents [Thomas Bradley and others] in…
1Opinion of the Court
CLIFFORD, Circuit Justice.
Evidently the question of payment is the only one of any importance in the case. Where a party in this state, who is bound to the payment of a simple contract debt, gives his own promissory note for the debt, the presumption, in the absence of any proof to the contrary, is, that such note was accepted by the creditor in satisfaction and discharge of the pre-existing debt, but such a presumption is one of fact only, and may be rebutted and controlled by any evidence showing that such was not the intention of the parties. Taking the rule as stated, it is supported by…
2Cases cited1 opinion
- Fowler v. LudwigSupreme Judicial Court of Maine · 1852
3Cited by1 opinion
- Bantz v. BasnettWest Virginia Supreme Court · 1877