Wilson v. Clements
Massachusetts Supreme Judicial Court
This was an action of the case brought to recover the contents of a bill of exchange drawn by Joseph Hinkley, in favor of the plaintiff upon the defendant, for the sum of 2405 dollars, 60 cents, dated June 1, 1801, and payable at thirty days’ sight.
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This was an action of the case brought to recover the contents of a bill of exchange drawn by Joseph Hinkley, in favor of the plaintiff upon the defendant, for the sum of 2405 dollars, 60 cents, dated June 1, 1801, and payable at thirty days’ sight. The declaration contained three counts—the first upon the bil as accepted; the second upon a promise to accept such bills as should be drawn ; the third for money had and received. [ * 2 ] * Upon non assumpsit pleaded to all the counts, the cause was tried before Parker, J., at November term, 1806. The plaintiff produced in evidence the bill of…
1Opinion of the Court
* And now, at this term, the opinion of the Court was [ * 9 ] delivered as follows, by
Sedgwick, J.
If this case is to be considered merely upoq common law principles, it is manifest, for two reasons, that the plaintiff is not entitled to recover. 1st. For the want of a sufficient consideration ; the promise expressed in the defendant’s letter being an undertaking to pay any balance which should be claimed by JIinkley: upon a re-perusal of the accounts, whether in fact any thing was justly due or not; and it does not appear that any thing was due; and unless there was, the promise must be…
2Cases cited1 opinion
- Coolidge v. PaysonSupreme Court of the United States · 1817
3Cited by16 opinions
- Coolidge v. PaysonSupreme Court of the United States · 1817
- Storer v. LoganMassachusetts Supreme Judicial Court · 1812
- Exchange Bank of St. Louis v. RiceMassachusetts Supreme Judicial Court · 1867
- Wakefield v. GreenhoodCalifornia Supreme Court · 1866
- James v. E. G. Lyons Co.California Supreme Court · 1901
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