Legal Opinion

Medway Cotton Manufactory v. Adams

Massachusetts Supreme Judicial Court

Decided October 15, 1813PublishedCited by 50 opinions

The declaration was in case for that the said Fisher Adams and William Adams, by their promissory note, &c., promised the said Medway Cotton Manufactory, by the name of Richardson, Metcalf, &/• Co., to pay them or their order, &c.

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The declaration was in case for that the said Fisher Adams and William Adams, by their promissory note, &c., promised the said Medway Cotton Manufactory, by the name of Richardson, Metcalf, &/• Co., to pay them or their order, &c. The defendants demurred to the declaration, and assigned for cause of demurrer, “ that the plaintiffs have declared on a promise made to Richardson, Metcalf, fy Co., which is the proper style of a firm; and yet have averred that said promise was made to the plaintiffs, who are a corporation; so that it appears on the record, that the promise might have been made to…

1Opinion of the CourtSewall, J.

In this action of assumpsit, the defendants are charged upon u note made by them, with an averment that it was made to the *360plaintiffs by the name of Richardson, Metcalf, & Co. To this declaration there is a demurrer; and the ground taken oy the defendants is, that the promise expressed in the note declared on is not recoverable by' the plaintiffs.

It is argued, by the counsel for the defendants, that the objection of a variance of name is not obviated by the "averment that the promise, expressed in the note to a firm or company of individuals, was, in fact, a promise to the plaintiffs in their…

2Cases cited1 opinion

  1. Mann v. ChandlerMassachusetts Supreme Judicial Court · 1812

3Cited by50 opinions

  1. The Lafayette Ins. Co. v. FRENCHSupreme Court of the United States · 1856
  2. Merrimac Chemical Co. v. MooreMassachusetts Supreme Judicial Court · 1932
  3. Athearn v. Independent District of MillersburgSupreme Court of Iowa · 1871
  4. Pease v. PeaseSupreme Court of Connecticut · 1868
  5. Southern Pacific Co. v. GrahamCourt of Appeals of Texas · 1896

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