Maneely v. M'Gee
Massachusetts Supreme Judicial Court
Assumpsit for work and labor done b} the plaintiff for the defendants, from March 26th to December 9th, 1807, at an agreed price. M’ Convitte was defaulted, and the other defendants pleaded the general issue, which was tried, at the last November term in ibis county, before the chief justice. On the trial, a verdict was found for the plaintiff, for 119 dollars 88 cents, by consent of the parties, subject to the opinion of the Court upon a case stated.
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Assumpsit for work and labor done b} the plaintiff for the defendants, from March 26th to December 9th, 1807, at an agreed price. M’ Convitte was defaulted, and the other defendants pleaded the general issue, which was tried, at the last November term in ibis county, before the chief justice. On the trial, a verdict was found for the plaintiff, for 119 dollars 88 cents, by consent of the parties, subject to the opinion of the Court upon a case stated. From the facts in the case, it appears that the plaintiff [ * 144 ] did the labor for the defendants, for which the action * is brought; that…
1Opinion of the CourtParsons, C. J.
At common law, a promissory note given by a debtor to pay to his creditor a subsisting debt, is no discharge of the debt; but the creditor may either have his remedy on the note, or may recover the debt. But in this state, this rule is confined to notes not negotiable. And it has long been settled, that when a debtor shall give to his creditor his negotiable note for a debt due on simple contract, the legal presumption is, that the note was received in payment. (2), (3) And this presumption arises from the consideration, that the creditor may endorse the note ; and if he could compel payment…
2Cited by1 opinion
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