Jewett v. Torrey
Massachusetts Supreme Judicial Court
This was an action of assumpsit, brought upon the following receipt, viz.: “ Bath, July 7,1811. Received of Jesse Jewett, deputy sheriff, English and West India goods to the amount of one hundred and fifty dollars, attached on a suit of John Getchel vs. Jesse Emerson; which goods I promise to deliver said Jewett on demand. Wm. Torrey.” The action was submitted to the decision of the Court upon a case agreed by the parties.
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This was an action of assumpsit, brought upon the following receipt, viz.: “ Bath, July 7,1811. Received of Jesse Jewett, deputy sheriff, English and West India goods to the amount of one hundred and fifty dollars, attached on a suit of John Getchel vs. Jesse Emerson; which goods I promise to deliver said Jewett on demand. Wm. Torrey.” The action was submitted to the decision of the Court upon a case agreed by the parties. The plaintiff, being a deputy sheriff, having a writ of attachment in favor of John Getchel against Jesse Emerson, went to the store of Emerson, containing English and West…
1Per curiam
The evidence is of a written receipt and promise,
on the part of the defendant, to deliver to the plaintiff goods, not specified as to the particular articles, but of which the amount or value and general quality are distinctly stated; and the special purpose of the receipt is also mentioned, viz., to respond an attachment. A breach of the promise is also proved by the demand and refusal to deliver the goods.
It is objected that the case shows that there had been no sufli- * cient and legal attachment of the goods by the plaintiff. But it is not for the defendant to make this objection. His…
2Cases cited1 opinion
- Dodds v. HenryMassachusetts Supreme Judicial Court · 1812
3Cited by13 opinions
- Burk v. WebbMichigan Supreme Court · 1875
- Cooper v. MowryMassachusetts Supreme Judicial Court · 1819
- Morrison v. BlodgettSuperior Court of New Hampshire · 1836
- Hundley v. FilbertSupreme Court of Missouri · 1880
- Foster v. DavenportSupreme Court of Iowa · 1899
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