Mason v. Briggs
Massachusetts Supreme Judicial Court
Assumpsit for the value of certain articles mentioned in the declaration. Trial in the Common Pleas upon the general issue, and a verdict for the defendant. The plaintiff brought the action up to this Court, under the provision of the late statute, upon exceptions to the opinion and direction of the Court below.
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Assumpsit for the value of certain articles mentioned in the declaration. Trial in the Common Pleas upon the general issue, and a verdict for the defendant. The plaintiff brought the action up to this Court, under the provision of the late statute, upon exceptions to the opinion and direction of the Court below. The plaintiff, a coroner of the county of Bristol, had attached the several articles, at the suit of one Slade, and delivered them to the defendant, taking his receipt in writing, with a promise to deliver them to the plaintiff, or any proper officer legally authorized to call for…
1Per curiam
If it were necessary, in a case like this, to make a ' personal demand, it would always be in the power of the party to elude a demand, and thus to avoid his responsibility. One who makes a contract to deliver specific articles on demand, should be always ready at his dwelling-house or place of business. A demand made upon him personally, for goods which he could not carry about him, would be liable to more reasonable objection than that in the case before us. Absence from the commonwealth, if such a demand *376as was made by the plaintiff would not otherwise be proper, fully justifies him in the…
2Cited by15 opinions
- La Farge v. RickertNew York Supreme Court · 1830
- Dunlap v. HuntingNew York Supreme Court · 1846
- Lobdell v. HopkinsNew York Supreme Court · 1826
- Rice v. ChurchillNew York Supreme Court · 1846
- Higgins v. EmmonsSupreme Court of Connecticut · 1823
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