Legal Opinion

Borden v. Borden

Massachusetts Supreme Judicial Court

Decided March 15, 1809PublishedCited by 41 opinions

This action was pending also in the county of Bristol, and was based upon the following promissory note, viz. “ I, the subscriber, promise to pay William Borden, or order, nine thousand dollars, at or on the twenty-fifth day of March next, he procuring a good warrantee deed of his homestead estate, agreeable to bond, for which the above sum is to be paid. Witness my hand, Jonathan Borden. October 16, 1804.”

1Opinion of the Court

The cause stood further continued for advisement; and at mis term the opinion of the Court (except the Chief Justice, who had been of counsel for one of the parties) was delivered as follows, by

Sewall, J.

The contract declared on by the plaintiff, W. B., in this case, and proved at the trial, is a conditional promise on the part of the defendant, J. B., who engages by his promissory note to pay the plaintiff, at a day stipulated, the sum of nine thousand dollars, he procuring a good deed with warranty of his homestead estate, agreeable to bond, for which the sum is to be paid. And by the bond…

2Cases cited6 opinions

  1. Wilkinson v. LelandSupreme Court of the United States · 1829
  2. Morrell v. DickeyNew York Court of Chancery · 1814
  3. Dickinson v. M'CrawCourt of Appeals of Virginia · 1826
  4. Frazier v. CushmanMassachusetts Supreme Judicial Court · 1815
  5. Barnard v. FisherMassachusetts Supreme Judicial Court · 1810

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3Cited by41 opinions

  1. Stacy v. Thrasher Ex Rel. SellersSupreme Court of the United States · 1848
  2. Schwarzbach v. Ohio Valley Protective UnionWest Virginia Supreme Court · 1885
  3. Stevens v. GaylordMassachusetts Supreme Judicial Court · 1814
  4. Goodwin v. JonesMassachusetts Supreme Judicial Court · 1807
  5. Scott Martel v. George F. Stafford, Administrator, Etc.Court of Appeals for the First Circuit · 1993

36 more not listed; retrieve them via the Exa API.

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