Legal Opinion

May v. Breed

Massachusetts Supreme Judicial Court

Decided March 15, 1851PublishedCited by 1 opinion

The first named case was an action of assumpsit, brought against the defendants as acceptors of a bill of exchange, of which the following is a copy: “ Boston, May 30,1839. Exchange for ¿£1,000 stg. Sixty days after sight of this first of exchange, (second and third not paid,) pay to the order of Messrs. Samuel May & Co., in London, one thousand pounds sterling, value received, and charge the same to account of Eben Breed. To Messrs. R. F. Breed & Eccleston, Liverpool.”

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The first named case was an action of assumpsit, brought against the defendants as acceptors of a bill of exchange, of which the following is a copy: “ Boston, May 30,1839. Exchange for ¿£1,000 stg. Sixty days after sight of this first of exchange, (second and third not paid,) pay to the order of Messrs. Samuel May & Co., in London, one thousand pounds sterling, value received, and charge the same to account of Eben Breed. To Messrs. R. F. Breed & Eccleston, Liverpool.” The defendants accepted the bill at Liverpool, by writing the following words on its face: “No. 1594. June twenty-fifth, at…

1Opinion of the Court

Shaw, C. J.*

This case comes before the court upon an agreed statement of facts. It is assumpsit by the plaintiffs, as payees, against the defendants, as acceptors of a bill of exchange for ¿£1,000 sterling, dated at Boston, May 30, 1839, requesting the drawees to pay that sum to the plaintiffs, or their order, in London, drawn by Ebenezer Breed, payable in sixty days. This draft was addressed to the defendants, R. F. Breed & Eccleston, at Liverpool, and by them accepted, payable at a banking house designated, in London. It was presented at maturity for payment; but payment being refused, it…

2Cases cited18 opinions

  1. Ogden v. SaundersSupreme Court of the United States · 1827
  2. Chapman v. Forsyth & LimerickSupreme Court of the United States · 1844
  3. Bissell v. BriggsMassachusetts Supreme Judicial Court · 1813
  4. Blanchard v. RussellMassachusetts Supreme Judicial Court · 1816
  5. Harrison v. SterrySupreme Court of the United States · 1809

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3Cited by1 opinion

  1. Commonwealth v. BerardiMassachusetts Superior Court · 2005

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