Brown v. Gilman
Massachusetts Supreme Judicial Court
Assumpsit in several counts, all founded on a writing in the following words and figures, namely, “ Boston, 15th May, 1810. Good for one hundred and twenty-six dollars on demand.
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Assumpsit in several counts, all founded on a writing in the following words and figures, namely, “ Boston, 15th May, 1810. Good for one hundred and twenty-six dollars on demand. Gilman Hoyt.'’ It was admitted, at the trial, which was bad before the Chief Justice, at the last November term in this county, that the said writing was made and signed by Hoyt, one of the defendants ; and that, at the time it bears date, he was in copartnership with Abigail H. Gil-man, the other defendant, they keeping an English goods retail shop in Cornhill, Boston. The plaintiff also kept a similar shop in the…
1Opinion of the CourtParker, C. J.
The question in this case is, whether the plaintiff can recover, without showing any title to the promise declared upon ; or any relation or connexion with the debtor, from which a presumption might be drawn, that the promise declared on was made to him. We put out of the case the circumstances proved at the trial, which probably had some influence in producing the nonsuit. Those circumstances were proper for the consideration of the jury, if it were necessary to give them a*y weight. We determine altogether upon the character of the paper, upon the production of which the plaintiff is…
2Cited by19 opinions
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- Weston v. MyersIllinois Supreme Court · 1864
- Archer v. McClureSupreme Court of North Carolina · 1914
- Archer v. . McClureSupreme Court of North Carolina · 1914
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