Greenwood v. Curtis
Massachusetts Supreme Judicial Court
This was assumpsit upon a contract in the following words, viz.: — “ Ric Pongos, on the coast of Africa, July 27, 1802. I promise to pay, or cause to be paid, to the owners or concerned of brig Hope, nine four foot slaves, thirty-seven prime slaves, and seventy-six bars, on demand, for value received of Capt. Hichborn. “ Benja. Curtis.”
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This was assumpsit upon a contract in the following words, viz.: — “ Ric Pongos, on the coast of Africa, July 27, 1802. I promise to pay, or cause to be paid, to the owners or concerned of brig Hope, nine four foot slaves, thirty-seven prime slaves, and seventy-six bars, on demand, for value received of Capt. Hichborn. “ Benja. Curtis.” The first count alleges that, prior to the date of the foregoing instrument, the plaintiff had become the owner of the brig Hope and her cargo, by purchase of one Humphry Courtney, and of all the proceeds of said cargo ; that Isaac B. Hichborn was master of…
1Opinion of the Court
The judge directed the jury to that effect; and further, that the plaintiff could not recover upon the insimul computassent, because the evidence showed that the note, described in other counts, was given in extinguishment of that balance, which note was not void, although payment of it could not be enforced by the laws of this commonwealth. A verdict was returned for the defendant.
The question reserved for the opinion of the Court was, whether the said direction of the judge was right. If they should be of opinion that it was right, then judgment to be entered for the defendant for costs ;…
2Cited by8 opinions
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- Smith v. JohnsonMassachusetts Supreme Judicial Court · 1916
- Tallant v. StedmanMassachusetts Supreme Judicial Court · 1900
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