Dwight v. Pomeroy
Massachusetts Supreme Judicial Court
This was a bill in equity, in which the plaintiff alleges that William Edwards, on the 8th of November, 1813, was indebted to him in the sum of 7500 dollars, to secure which the said W. E. had made an assignment of so much of his share of the profits of the Hampshire Leather Manufactory, as would amount to the sum of 10,000 dollars, to be paid out of the first dividends, and authorizing the plaintiff to give proper receipts, &c.;—that the said W. E., on the 25th of October,…
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This was a bill in equity, in which the plaintiff alleges that William Edwards, on the 8th of November, 1813, was indebted to him in the sum of 7500 dollars, to secure which the said W. E. had made an assignment of so much of his share of the profits of the Hampshire Leather Manufactory, as would amount to the sum of 10,000 dollars, to be paid out of the first dividends, and authorizing the plaintiff to give proper receipts, &c.;—that the said W. E., on the 25th of October, 1815, being indebted to the said Pomeroy in the sum of 18,400 dollars, to John Tappan 6400 dollars, to the said N.…
1Opinion of the Court
Parker, C J.,
delivered the opinion of the Court.
He first examined the deed analytically, to ascertain whether there was any latent ambiguity, which would let in parole evidence of the intention of the parties, to explain it; and he stated that the result of the deliberations of the Court upon this point was, that the terms of the deed were sufficiently clear; so that, by the general rule of evidence, it must be construed, according to the common law, by itself, without the aid of extrinsic evidence. He also stated that the Court were all of opinion, that, by the terms of the instrument, it…
2Cited by4 opinions
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- Whittier v. VarneySuperior Court of New Hampshire · 1839
- Arizona Commercial Mining Co. v. Iron Cap Copper Co.Supreme Judicial Court of Maine · 1920