Johnson v. Johnson
Massachusetts Supreme Judicial Court
This was assumpsit for money received to the plaintiff’s use, for money lent and accommodated to the defendant, and for money laid out and expended for the defendant. At the trial of the action before the late Chief Justice iSewall, April term, 1813, in this county, the plaintiff proved that he and the defendant were joint sureties in a promissory note for 675 dollars, dated January 1, 1802, made jointly and severally with one Samuel Johnson to one William M’Farland.
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This was assumpsit for money received to the plaintiff’s use, for money lent and accommodated to the defendant, and for money laid out and expended for the defendant. At the trial of the action before the late Chief Justice iSewall, April term, 1813, in this county, the plaintiff proved that he and the defendant were joint sureties in a promissory note for 675 dollars, dated January 1, 1802, made jointly and severally with one Samuel Johnson to one William M’Farland. After the death of Samuel Johnson, the plaintiff and defendant gave a bond to M’Farland, conditioned to pay such part of the…
1Opinion of the CourtParker, C. J.
This is assumpsit, in which the plaintiff declares for the sum of 259 dollars 50 cents, paid, laid out, and expended, by him, at the request of the defendant, and to his use. The facts are reported by the judge before whom the cause was opened, upon which he directed a nonsuit, which is to be taken off, and the defendant to be defaulted, if on those facts the action can be maintained.
[ * 361 ] * [Here the chief justice recited the facts, and pro ceeded.] Against this suit brought upon the original implied promise a defence is made, upon the ground that the note given by the defendant, and…
2Cases cited4 opinions
- Tobey v. BarberNew York Supreme Court · 1809
- Thacher v. DinsmoreMassachusetts Supreme Judicial Court · 1809
- Banorgee v. HoveyMassachusetts Supreme Judicial Court · 1809
- Welsh v. FosterMassachusetts Supreme Judicial Court · 1815
3Cited by39 opinions
- Wylly v. S. Z. Collins & Co.Supreme Court of Georgia · 1851
- Emerson v. Providence Hat Manufacturing Co.Massachusetts Supreme Judicial Court · 1815
- Rice v. Welling & FakeNew York Supreme Court · 1830
- Bank of St. Marys v. St. John, Powers & Co.Supreme Court of Alabama · 1854
- Maxwell v. DayIndiana Supreme Court · 1874
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