Langdon v. Potter
Massachusetts Supreme Judicial Court
Debt on a judgment recovered September, 1807, for $209.47, debt and costs. The defendants pleaded, 1. Nul tiel record, the issue upon which the Court determined for the plaintiffs. 2. Satisfaction, upon which issue was joined to the country, which was tried at the sittings here after the last September term, before Putnam, J. To prove satisfaction, the defendants produced an execution thd issued on the judgment declared on, and a return thereon dated the 20th of April, 1808,…
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Debt on a judgment recovered September, 1807, for $209.47, debt and costs. The defendants pleaded, 1. Nul tiel record, the issue upon which the Court determined for the plaintiffs. 2. Satisfaction, upon which issue was joined to the country, which was tried at the sittings here after the last September term, before Putnam, J. To prove satisfaction, the defendants produced an execution thd issued on the judgment declared on, and a return thereon dated the 20th of April, 1808, whereby it appeared, that J. Taylor, Esq., attorney for the plaintiffs, certified, that he had received a promissory…
1Opinion of the Court
By the Court.
The evidence which was rejected at the trial would have bad no tendency to prove the issue on the part of the defendants, had it been given to the jury. Mr. Taylor, as the attorney to the plaintiffs on record, had, without doubt, authority to discharge the defendants from this judgment; but he had no authority to make his clients the bailiffs of the defendants, to collect the note of their debtors, and subject them to an action of account by the defendants.
But, if the plaintiffs themselves had made this receipt upon the execution, instead of Mr. Taylor, it would not have had the…
2Cited by5 opinions
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- White v. HildrethSuperior Court of New Hampshire · 1842
- Langdon v. HathawaySuperior Court of New Hampshire · 1819