Zerrano v. Wilson
Massachusetts Supreme Judicial Court
This was an action of assumpsit against the owners of the bark Harriet, to recover the amount of a bill for supplies furnished by the plaintiffs at Talcahuano, in Chili, to that vessel, while prosecuting a whaling voyage, under the command of James Durfee, one of the owners of the vessel. The defendants pleaded the general issue. At the trial, before Dewey, J., the ownership of the vessel was admitted.
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This was an action of assumpsit against the owners of the bark Harriet, to recover the amount of a bill for supplies furnished by the plaintiffs at Talcahuano, in Chili, to that vessel, while prosecuting a whaling voyage, under the command of James Durfee, one of the owners of the vessel. The defendants pleaded the general issue. At the trial, before Dewey, J., the ownership of the vessel was admitted. The plaintiffs, to prove then case, introduced the deposition of G. H. Whiting, their clerk, annexed to which was a bill of particulars of the supplies furnished. At the foot of this bill was…
1Opinion of the CourtFletcher, J.
The defence set up, that the account upon which the action is founded had been paid by the bill of exchange, cannot be maintained. The bill of exchange had not been accepted nor paid, but was protested for non-acceptance and non-payment, and was produced by the plaintiffs at the trial, and put on file with the papers, so that it was not outstanding, and would therefore furnish no defence to a recovery on the original account. Alcock v. Hopkins, 6 Cush. 484.
Judgment on the verdict, for the plaintiffs.
2Cited by2 opinions
- Tilton v. SwiftSupreme Court of Iowa · 1874
- Merrill v. CoggillSuperior Court of New Hampshire · 1841