Parkhurst v. Dickerson
Massachusetts Supreme Judicial Court
Assumpsit to recover of the owners of a whaling ship, called the Lemuel C. Richmond, the balance of the lay or share of Alfred Graham. At the trial, before Shaw C. J., the plaintiff produced the following order, alleged to have been drawn by Graham on the defendants, and dated on the 28th of December, 1833 : “For value received, please pay to the order of John Parkhurst the proceeds of my voyage in the Lemuel C. Richmond her present intended voyage.”
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Assumpsit to recover of the owners of a whaling ship, called the Lemuel C. Richmond, the balance of the lay or share of Alfred Graham. At the trial, before Shaw C. J., the plaintiff produced the following order, alleged to have been drawn by Graham on the defendants, and dated on the 28th of December, 1833 : “For value received, please pay to the order of John Parkhurst the proceeds of my voyage in the Lemuel C. Richmond her present intended voyage.” The defence was, that the,defendants had never accepted the order, and had paid the balance to Graham himself. It was agreed, that Graham sailed…
1Opinion of the Court
Morton J.
delivered the opinion of the Court. In this action the plaintiff seeks to recover on an order, drawn in his favor, on the defendants, by one Graham, for his share of the proceeds of a whaling voyage in the defendants’ ship.
The first inquiry is, whether the defendants accepted the order declared on. It is manifest, that they did not. The evidence, as reported, shows a refusal to make an absolute acceptance ; and the strongest inference that can be drawn from it, is, that the acceptance was conditional. The agent of the owners having declined to accept the order, told the plaintiff he…
2Cases cited4 opinions
- Crocker v. WhitneyMassachusetts Supreme Judicial Court · 1813
- Mowry v. ToddMassachusetts Supreme Judicial Court · 1815
- Grant v. ShawMassachusetts Supreme Judicial Court · 1820
- Usher v. D'WolfeMassachusetts Supreme Judicial Court · 1816