Baldwin v. Farnsworth
Supreme Judicial Court of Maine
Assumpsit on the following note or contract in writing. “Dennysville, Sept. 11, 1830. “ For value received of William Baldwin, we, the subscribers, “ jointly and severally promise to pay him or order forty-four “ dollars in one year from date and interest, payment to be de- “ manded at their dwellinghouses in Dennysville.
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Assumpsit on the following note or contract in writing. “Dennysville, Sept. 11, 1830. “ For value received of William Baldwin, we, the subscribers, “ jointly and severally promise to pay him or order forty-four “ dollars in one year from date and interest, payment to be de- “ manded at their dwellinghouses in Dennysville. “ The conditions of this note are these, that if the said “ Baldwin shall within the space of four weeks from date, deliv- “ er, or cause to be delivered at the store of Samuel E. Crocker “ in Portland, one complete and warranted fancy spinner, “ agreeable to the late patent…
1Opinion of the Court
The opinion of the Court was delivered by
Weston J.
The jury have found, that the defendants had received before payment of the note was demanded, a spinner, answering the description therein set forth. It was not delivered at the place, or within the time, stipulated; but being acceptedjsubsequently, the jury were properly instructed, that the defendants thereby waived their right to have exacted strict performance.
There is in the note something peculiar with regard to the place of payment, inasmuch as more than one place was appointed. It may be understood that the defendants reserved to…
2Cases cited3 opinions
- Ruggles v. PattenMassachusetts Supreme Judicial Court · 1812
- Wolcott v. Van SantvoordNew York Supreme Court · 1819
- Foden v. SharpNew York Supreme Court · 1809
3Cited by3 opinions
- Bamberger Bros. v. BurrowsSupreme Court of Iowa · 1910
- Minneapolis Threshing Machine Co. v. HutchinsSupreme Court of Minnesota · 1896
- Soltau v. Goodyear Vulcanite Co.New York Court of Common Pleas · 1895