Sears v. Lawrence
Massachusetts Supreme Judicial Court
Action of contract upon the following order, signed by the defendant and three other parties, and accepted by Edmund Swett: “ $ 3479.73. Boston, March 29th 1851. On or before the first day of November next, pay to the order of Willard Sears, executor, three thousand four hundred and seventy nine dollars and seventy three cents, in good merchantable lumber, delivered at Boston, .at the current market price, value received, and charge the same to the account of Yours, &c.”
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Action of contract upon the following order, signed by the defendant and three other parties, and accepted by Edmund Swett: “ $ 3479.73. Boston, March 29th 1851. On or before the first day of November next, pay to the order of Willard Sears, executor, three thousand four hundred and seventy nine dollars and seventy three cents, in good merchantable lumber, delivered at Boston, .at the current market price, value received, and charge the same to the account of Yours, &c.” Trial before Merrick, J., who reported the following case for the judgment of the full court: Before the date of this…
1Opinion of the CourtMetcalf, J.
The instrument in suit, being an order payable in lumber, is not a bill of exchange; and the plaintiff, by making the demand and giving the notice which would charge the drawer of such a bill, does not thereby entitle himself to maintain an action on this order. He may maintain an action against Swett, the acceptor, if there was a legal consideration for the acceptance. Possibly he may recover of the defendant on the original cause of action, in discharge of which he received the order. Of this, however, we express no opinion. That question would depend on extrinsic matter not now before the…
2Cases cited3 opinions
- Atkinson v. ManksNew York Supreme Court · 1823
- Tucker v. MaxwellMassachusetts Supreme Judicial Court · 1814
- Ford v. AdamsNew York Supreme Court · 1848