Bender v. Sampson
Massachusetts Supreme Judicial Court
Assumpsit against the defendants upon a promissory note made by the said George, for himself and the other defendants, copartners, dealing under the name of George Sampson &f Co., payable to the plaintiffs or their order.
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Assumpsit against the defendants upon a promissory note made by the said George, for himself and the other defendants, copartners, dealing under the name of George Sampson &f Co., payable to the plaintiffs or their order. The defendants plead in .bar of the action, that on, &c., they were indebted to the plaintiffs and to divers other persons, viz.: A, B, Sec., in certain sums of money respectively, which they were unable to pay and satisfy; and for the compounding of the debts of the defendants, it was agreed by the plaintiffs and the said other creditors of the defendants, and the said…
1Opinion of the CourtSewall, C. J.
To an action of assumpsit upon a promissory note, made payable by the defendants to the plaintiffs, the defendants have pleaded a discharge by or for the plaintiffs; and they aver an au- [ * 44 ] thority by the plaintiffs and other creditors of the * defendants, given in a letter of attorney under seal to N. Goodwin and J. D. Dunbar. This letter of attorney is set forth in hcec verba, but without any profert. [Here the Chief Justice stated the contents of the instrument from the plea ir. bar, and the averments of the defendants in the same plea.] To this plea there is a *47demurrer and joinder…
2Cited by1 opinion
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