Legal Opinion

Stevens v. Blunt

Massachusetts Supreme Judicial Court

Decided November 15, 1810PublishedCited by 17 opinions

Error to reverse a judgment of the Court of Common Pleas foi this county, wherein the said Stevens was plaintiff, and the said Blunt was defendant. The original action was case upon a promissory note, signed by Blunt, payable to one Solomon Stevens, or order, and by him endorsed to the plaintiff. At the trial in the court below, the plaintiff gave in evidence a note of the following tenor, viz.

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Error to reverse a judgment of the Court of Common Pleas foi this county, wherein the said Stevens was plaintiff, and the said Blunt was defendant. The original action was case upon a promissory note, signed by Blunt, payable to one Solomon Stevens, or order, and by him endorsed to the plaintiff. At the trial in the court below, the plaintiff gave in evidence a note of the following tenor, viz. “ Trenton, Oct. 29, 1806. This may certify that I do agree to pay unto Solomon Stevens or order forty dollars by the twentieth of May, or when he completes the building according to contract. John…

1Opinion of the Court

Putnam,

for the defendant in error, now urged the objection which he made successfully at the Common Pleas.

But the Court held the note payable absolutely at a day certain, and they reversed the judgment of the Common Pleas, and ordered a new trial at the bar of this Court.

Story for the plaintiff in error, (a).) [This decision is clearly wrong. The promisor had a right of election lo pay either at the time mentioned, or when the building should be completed, according to contract. The latter event might never take place; and, therefore, the note, at the election of the promisor, was payable on…

2Cited by17 opinions

  1. Dickerman v. Northern Trust Co.Supreme Court of the United States · 1900
  2. Siegel, Cooper & Co. v. Chicago Trust & Savings BankIllinois Supreme Court · 1890
  3. Mahoney v. FitzpatrickMassachusetts Supreme Judicial Court · 1882
  4. Joergenson v. JoergensonWashington Supreme Court · 1902
  5. McCarty v. HowellIllinois Supreme Court · 1860

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