Legal Opinion

Jackson v. Mayo

Massachusetts Supreme Judicial Court

Decided May 15, 1814PublishedCited by 6 opinions

This was an action of assumpsit, wherein the plaintiff declares “ that the said James Weeks, [the defendants’ testator,] in his lifetime, to wit, on the 15th of March, 1808, by his note, in writing, of that date, by him signed, in consideration of the sum of 2195 dollars, paid by the said Jackson to the said James Weeks, the said J. W. then and there undertook and faithfully promised the plaintiff to account with and pay over to Margaret Jadcson, the daughter of the…

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This was an action of assumpsit, wherein the plaintiff declares “ that the said James Weeks, [the defendants’ testator,] in his lifetime, to wit, on the 15th of March, 1808, by his note, in writing, of that date, by him signed, in consideration of the sum of 2195 dollars, paid by the said Jackson to the said James Weeks, the said J. W. then and there undertook and faithfully promised the plaintiff to account with and pay over to Margaret Jadcson, the daughter of the plaintiff, the said sum on his arrival at Portland; and the plaintiff avers that said James Weeks arrived in Portland with said…

1Opinion of the CourtSewall, C. J.

The defendants are charged, as the executors of the last will of James Weeks, deceased, upon a promise by him in his lifetime, by his note in writing, March 15, 1808. The promise alleged in the plaintiff’s declaration, and proved by the note, is to this effect: that, in consideration of 2195 dollars paid by the plain tiff to James Weeks, he undertook .and promised to account with, and pay over to, Margaret Jackson, the plaintiff’s daughter, said sum of money on his arrival at Portland. (a) The [ * 151 ] plaintiff * avers that James W., after the receipt of the money, did arrive at Portland:…

2Cases cited1 opinion

  1. Smith v. MayoMassachusetts Supreme Judicial Court · 1812

3Cited by6 opinions

  1. Gay v. BallouNew York Supreme Court · 1830
  2. Roof v. StaffordNew York Supreme Court · 1827
  3. Smith v. MayoMassachusetts Supreme Judicial Court · 1812
  4. Martin v. MayoMassachusetts Supreme Judicial Court · 1813
  5. Ford v. PhillipsMassachusetts Supreme Judicial Court · 1822

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