Eastman v. Cooper
Massachusetts Supreme Judicial Court
Assumpsit against Cooper, Gould & Robbins, on seven promissory notes, dated in February, March and April, 1826, amounting in all to $4700, purporting to have been signed by the defendants under the firm of Cooper, Gould, & Robbins, payable to Robbins, and by him indorsed to the plaintiff. The notes were payable on different days subsequent to the 11th of May, 1826 The defendants, Cooper and Gould, pleaded first, the general issue.
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Assumpsit against Cooper, Gould & Robbins, on seven promissory notes, dated in February, March and April, 1826, amounting in all to $4700, purporting to have been signed by the defendants under the firm of Cooper, Gould, & Robbins, payable to Robbins, and by him indorsed to the plaintiff. The notes were payable on different days subsequent to the 11th of May, 1826 The defendants, Cooper and Gould, pleaded first, the general issue. Secondly, that at the Court of Common Pleas held in July 1826, the plaintiff sued the three defendants, declaring upon a promissory note dated May 11, 1826, for…
1Opinion of the Court
The opinion of the Court was delivered by
Shaw C. J.
The Court are of opinion, that neither of the two pleas can be sustained, as a good bar to the present action. It cannot be sustained as a plea in bar of a former acqu'ttal, because it sufficiently appears from the record, that the cause of action was not the same. Had the plaintiff relied upon these notes, as his ground and cause of action, upon the money counts, or in any form of declaring, he must have failed, because at the time of the action brought, these notes were not due. Still the notes were offered in evidence and to a certain…
2Cases cited6 opinions
- Hopkins v. LeeSupreme Court of the United States · 1821
- Young v. BlackSupreme Court of the United States · 1813
- Commonwealth v. Pejepscut ProprietorsMassachusetts Supreme Judicial Court · 1813
- Church v. LeavenworthSupreme Court of Connecticut · 1810
- Inhabitants of Nantucket v. CottonMassachusetts Supreme Judicial Court · 1817
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