Legal Opinion

Claflin v. Godfrey

Massachusetts Supreme Judicial Court

Decided October 8, 1838PublishedCited by 2 opinions

Assumpsit to recover the sum of $1722-77, with interest from June 17, 1833. The plaintiff proved, that on April 4, 1828, Stephen R. Parkhurst, Nathan Parkhurst, and Parmenas P. Parkhurst, copartners under the firm of Stephen R. Parkhurst & Co., made their promissory note to John Farnum, in the sum of $4500, and at the same time executed and delivered to him, as security for the note, a mortgage of real estate, by them owned, situate in Milford.

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Assumpsit to recover the sum of $1722-77, with interest from June 17, 1833. The plaintiff proved, that on April 4, 1828, Stephen R. Parkhurst, Nathan Parkhurst, and Parmenas P. Parkhurst, copartners under the firm of Stephen R. Parkhurst & Co., made their promissory note to John Farnum, in the sum of $4500, and at the same time executed and delivered to him, as security for the note, a mortgage of real estate, by them owned, situate in Milford. The real estate was then subject to two mortgages, one to D. Waldo, to secure the payment of $200, the other to R. Waldo, to secure the payment of…

1Opinion of the Court

The opinion of the Court (Shaw C. J. and Dewey J. dissenting) , was delivered by

Morton J.

We have bestowed unusual labor and care upon this case, and with our best efforts have found some difficulty in understanding the very complicated state of the facts, and stif more, in applying to them the principles of law by which the rights of the parties should be determined. We have the more carefully investigated the subject, because there has been from the beginning a difference of opinion among the members of the Court. And I regret to add, that with our most earnest endeavours we have not been…

2Cases cited2 opinions

  1. Lazell v. MillerMassachusetts Supreme Judicial Court · 1818
  2. President of the Union Bank v. President of the Bank of the United StatesMassachusetts Supreme Judicial Court · 1807

3Cited by2 opinions

  1. United States v. Jefferson Electric Manufacturing Co.Supreme Court of the United States · 1934
  2. Sinkler v. KnealeSupreme Court of Pennsylvania · 1960

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