Walker v. Leighton
Massachusetts Supreme Judicial Court
This was an action of assumpsit on a joint and several note of the defendants to the plaintiff, dated August 25, 1808, for 25,000 feet of merchantable pine boards, to be delivered at the lower bridge in Kennebunk, by the last day of July then next.
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This was an action of assumpsit on a joint and several note of the defendants to the plaintiff, dated August 25, 1808, for 25,000 feet of merchantable pine boards, to be delivered at the lower bridge in Kennebunk, by the last day of July then next. At the trial, which was had upon the general issue, at the sittings here after the last May term, before Jackson, J., it was admitted by the plaintiff that the note was given for the sole and proper debt of Leighton, and in part satisfaction of an execution in favor of Walker against him, issued on a judgment for 585 dollars 91 cents, December…
1Per curiam
The evidence offered for the defendants was irrelative, and impertinent to the issue on trial; and evidence is as well to be rejected for its impertinence as for its incompetency (a)
Judgment according to the verdict.
Babbington on Set-off, 37.— Selw. N. P. 157, 8th ed. — Exrs. of Bourne vs. Thomson & Al.— Coxe's N. J. R. 2.
2Cited by12 opinions
- Brooks v. StackpoleMassachusetts Supreme Judicial Court · 1897
- Goldstein v. KatzMassachusetts Supreme Judicial Court · 1950
- Graham v. MeddlebyMassachusetts Supreme Judicial Court · 1913
- McGuinness v. KyleMassachusetts Supreme Judicial Court · 1911
- Ross v. KnightSuperior Court of New Hampshire · 1827
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