Smith v. Palmer
Massachusetts Supreme Judicial Court
This was an action of assumpsit, in which the plaintiff declared originally on the common counts, and on an account annexed for an order drawn by the plaintiff in favor of the defendant on one George C. Goodwin, for matches, and paid by him, and for money furnished by the plaintiff to the defendant. The plaintiff intimated by a note in the writ, that he should afterwards file a special count.
Read the full summary
This was an action of assumpsit, in which the plaintiff declared originally on the common counts, and on an account annexed for an order drawn by the plaintiff in favor of the defendant on one George C. Goodwin, for matches, and paid by him, and for money furnished by the plaintiff to the defendant. The plaintiff intimated by a note in the writ, that he should afterwards file a special count. After the entry of the action, the plaintiff moved the court for leave to file a new count, alleging that on the 15th of November, 1847, an action was pending against the plaintiff, in the district court…
1Opinion of the CourtFletcher, J.
In this case, the plaintiff alleged, that a suit was pending in a court in the state of Maine, in favor of the firm of Freeman, Trott, and company, of which firm the defendant was a partner, as plaintiffs, against the plaintiff as defendant. During the pendency of that suit, an arrangement was made and entered into between the present plaintiff, Smith, and Palmer, the present defendant, by which, for a consideration paid by Smith, Palmer undertook and promised him to cause the action to be discontinued on the docket of the court in Maine, and that the same should not be further prosecuted…
2Cited by16 opinions
- Pybus v. GrassoMassachusetts Supreme Judicial Court · 1945
- Spurr v. BenedictMassachusetts Supreme Judicial Court · 1868
- Aviation Enterprises, Inc. Ex Rel. Jones v. ClineMissouri Court of Appeals · 1965
- Chatham Pharmaceuticals, Inc. v. Angier Chemical Co.Massachusetts Supreme Judicial Court · 1964
- Fellows v. EvansOregon Supreme Court · 1898
11 more not listed; retrieve them via the Exa API.