Boyd v. Stone
Massachusetts Supreme Judicial Court
The plaintiff declares in case, “ for that, on the 14th of February, 1807, at Worcester aforesaid, the said Alpheus and one James Boyd, at the special instance and request of the plaintiff, made and executed a promissory note of hand for the sum of 485 dollars 62 cents, payable to the president and directors of the Worcester Bank, being for the just and proper debt of the plaintiff; and the plaintiff avers that thereafterwards, on the same day, he made, executed, and…
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The plaintiff declares in case, “ for that, on the 14th of February, 1807, at Worcester aforesaid, the said Alpheus and one James Boyd, at the special instance and request of the plaintiff, made and executed a promissory note of hand for the sum of 485 dollars 62 cents, payable to the president and directors of the Worcester Bank, being for the just and proper debt of the plaintiff; and the plaintiff avers that thereafterwards, on the same day, he made, executed, and delivered, to the said Alpheus and James a good and sufficient deed of a certain farm in Oakham, the property of the plaintiff,…
1Opinion of the CourtParker, C. J.
There being a demurrer to the declaration in this case, and a joinder in demurrer, the question to be decided is, whether the declaration is sufficient in law to be the foundation of a judgment for the plaintiff. An action of the case for deceit was probably contemplated by the attorney who drew the declaration ; and yet several promises being alleged, as well as a breach of those promises, if the facts stated will establish a contract which can be supported by paroi testimony, or a wrong done for which an action lies, the declaration may be considered as sufficient. [Here his honor recited…
2Cases cited12 opinions
- Baker v. JewellMassachusetts Supreme Judicial Court · 1810
- Bliss v. ThompsonMassachusetts Supreme Judicial Court · 1808
- Strong v. StewartNew York Court of Chancery · 1819
- Marks v. PellNew York Court of Chancery · 1815
- Pitts v. WaughMassachusetts Supreme Judicial Court · 1808
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3Cited by12 opinions
- Feeney v. HowardCalifornia Supreme Court · 1889
- Goodwin v. GilbertMassachusetts Supreme Judicial Court · 1813
- Fouty v. FoutyIndiana Supreme Court · 1870
- Schleifer v. Worcester North Savings InstitutionMassachusetts Supreme Judicial Court · 1940
- Union Car Advertising Co. v. Boston Elevated Ry. Co.Court of Appeals for the First Circuit · 1928
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