Dunavan v. Flynn
Massachusetts Supreme Judicial Court
Contract to recover $9 on an account annexed for work and labor. The answer of the defendant contained a general denial and alleged payment.
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Contract to recover $9 on an account annexed for work and labor. The answer of the defendant contained a general denial and alleged payment. Trial in the Central District Court of Worcester, the judge of which allowed a bill of exceptions in substance as follows: At the trial, the defendant offered the following order, signed by the plaintiff, drawn on the defendant, and payable to bearer, and dated Worcester, June 27 : “ Please to pay the bearer 9 dollars due to me for work; this woman is my boarding boss and oblige yours,” &e. Below were written the words, “ Acted June 30th, 1874,” over the…
1Opinion of the CourtGray, C. J.
An acceptance of a bill of exchange, or draft for the payment of money, may be oral, or may be implied from acts, such as detention for a long time, contrary to the usage of the parties and under such circumstances as to give credit to the bill. Storer v. Logan, 9 Mass. 55, 60. Pierce v. Kittredge, 115 Mass. 374. Hough v. Loring, 24 Pick. 254, 257. 3 Kent Com. (12th ed.) 85.
But in the case before us, the jury have found that there was no oral acceptance, and were warranted in so doing, for although the testimony of the defendant and of the holder of the bill, tending to prove such acceptance,…
2Cases cited2 opinions
- Storer v. LoganMassachusetts Supreme Judicial Court · 1812
- Pierce v. KittredgeMassachusetts Supreme Judicial Court · 1874
3Cited by3 opinions
- Westberg v. Chicago Lumber & Coal Co.Wisconsin Supreme Court · 1903
- Cook v. BaldwinMassachusetts Supreme Judicial Court · 1876
- O'Connell v. Mount Holyoke CollegeMassachusetts Supreme Judicial Court · 1899