Gould v. Norfolk Lead Co.
Massachusetts Supreme Judicial Court
This was an action of assumpsit, to recover the amount oí a draft alleged to have been accepted by the defendants, a corporation duly established by law. The draft was in the following words and figures : — "$850. Boston, May 10,1847. Please pay J. S. Gould & Co. or order, eight hundred and fifty dollars, value received, and charge the same to account of yours, , S. AlbeRt Cox.
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This was an action of assumpsit, to recover the amount oí a draft alleged to have been accepted by the defendants, a corporation duly established by law. The draft was in the following words and figures : — "$850. Boston, May 10,1847. Please pay J. S. Gould & Co. or order, eight hundred and fifty dollars, value received, and charge the same to account of yours, , S. AlbeRt Cox. To Norfolk Lead Co.” “ Accepted thus:— May 15,1847. Accepted, to pay when in funds, after paying draft in favor of Fulton Iron Foundry, heretofore accepted. For Norfolk Lead Co. N. Adams, Agent.” The writ was dated May…
1Opinion of the CourtShaw, C. J.
This was an action of assumpsit, to recover the amount of a draft alleged to have been accepted by the defendants.
The suit was brought May 15, 1848, and was resisted on the grounds that Adams had no authority to accept the draft, so as to bind the corporation; and, secondly, that the acceptance was conditional, and the corporation had not received funds to pay the acceptance, according to its tenor. Inasmuch as it became necessary to ascertain the state of Cox’s accounts with the defendants, the account was referred to an auditor, whose report is a part of the case. It comes before the court…
2Cases cited1 opinion
- Emerson v. Providence Hat Manufacturing Co.Massachusetts Supreme Judicial Court · 1815
3Cited by3 opinions
- Johnson v. N. K. Fairbank Co.Appellate Court of Illinois · 1910
- Nelson v. Northwestern Elevated RailroadAppellate Court of Illinois · 1912
- W.H. Sawyer Lumber v. MurphyMassachusetts District Court, Appellate Division · 1981