Upham v. Smith
Massachusetts Supreme Judicial Court
Assumpsit on a promissory note made by the defendant, dated February 1, 1808, and payable to the plaintiffs or their order on demand.
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Assumpsit on a promissory note made by the defendant, dated February 1, 1808, and payable to the plaintiffs or their order on demand. The case came before the Court upon a statement of facts, in which it was agreed that the note was made as declared on, and for a good consideration ; that on the 8th day of the same February, the plaintiffs, with other creditors of the defendant, executed a letter of license to him, in which the creditors covenanted to receive of him payment of their respective debts in five equal instalments, of six, nine, twelve, fifteen, and eighteen months; and if any…
1Opinion of the Court
The opinion of the Court (absente Parsons, C. J.) was delivered as follows, by
Sedgwick, J.
(after reciting the facts.) There are two questions in this case — 1. Whether the plaintiffs are entitled to recover any thing; and, 2. Whether, if they recover at all, they shall recover the whole amount due by their note, or the fourth instalment only, which, according to the terms of the deed, was due at the commencement of the action.
No authorities directly in point upon this subject were shown to the Court upon the argument, nor have any been since discovered by them. The action must then be…
2Cited by7 opinions
- Watt's Ex'rs. v. SheppardSupreme Court of Alabama · 1841
- Radigan v. JohnsonMassachusetts Supreme Judicial Court · 1899
- Reed v. StoddardMassachusetts Supreme Judicial Court · 1868
- Culp v. FisherSupreme Court of Pennsylvania · 1833
- Mitchell v. McKinnonMichigan Supreme Court · 1887
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