Martin v. Mayo
Massachusetts Supreme Judicial Court
This was an action of assumpsit, in which the plaintiff declares upon a promissory note made and subscribed by James Weeks, the defendant’s testator, for value received, on the 31st of December, 1808, promising the plaintiff to pay him the sum of 147 dollars 16 cents on demand with interest; — also upon a promise of said James, on the same day, in consideration that the plaintiff had shipped from Portland to Charleston, S. C., and consigned to said James, upon an agreement…
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This was an action of assumpsit, in which the plaintiff declares upon a promissory note made and subscribed by James Weeks, the defendant’s testator, for value received, on the 31st of December, 1808, promising the plaintiff to pay him the sum of 147 dollars 16 cents on demand with interest; — also upon a promise of said James, on the same day, in consideration that the plaintiff had shipped from Portland to Charleston, S. C., and consigned to said James, upon an agreement that he should receive one half the net profits, sixty-three quintals of codfish; that he, the said James, would…
1Opinion of the Court
Sewall, J.,
delivered'the opinion of the Court.
There is already a decision of this Court, in an action against the executors of James Weeks, that the reservation for his just debts, annexed to the residuary devise of all his estate, real and personal, in his last will, is not to be considered as a recognition, or promise of payment, of any particular debt; and that the plea or objection of infancy, to which any particular demand may be liable, remains open to them in point of law. (1) And whatever our opinion may be of the good conscience or equity of such defence, or its consistency with a…
2Cases cited11 opinions
- TUCKER v. MorelandSupreme Court of the United States · 1836
- Bool v. MixNew York Supreme Court · 1837
- Whitney v. DutchMassachusetts Supreme Judicial Court · 1817
- Bigelow v. KinneySupreme Court of Vermont · 1830
- Everson v. CarpenterNew York Supreme Court · 1837
6 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Smith v. MayoMassachusetts Supreme Judicial Court · 1812
- Taft v. SergeantNew York Supreme Court · 1854
- Hoit v. UnderhillSuperior Court of New Hampshire · 1838
- Heady v. BodenIndiana Court of Appeals · 1892
- Reed v. BatchelderMassachusetts Supreme Judicial Court · 1840
1 more not listed; retrieve them via the Exa API.