Dows v. Swett
Massachusetts Supreme Judicial Court
Contract, with a count in tort. The first count alleged that the plaintiffs sold to the defendant certain goods, taking in part payment his due bill, which was reduced by subsequent payments to $200; that the defendant had a note of one Robinson payable to the plaintiffs’ order in the sum of $200, and represented to the plaintiffs that it would be an accommodation to him for the plaintiffs to take Robinson’s note in exchange for the balance of the due bill; and agreed that,…
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Contract, with a count in tort. The first count alleged that the plaintiffs sold to the defendant certain goods, taking in part payment his due bill, which was reduced by subsequent payments to $200; that the defendant had a note of one Robinson payable to the plaintiffs’ order in the sum of $200, and represented to the plaintiffs that it would be an accommodation to him for the plaintiffs to take Robinson’s note in exchange for the balance of the due bill; and agreed that, if the note was not paid by Robinson at its maturity, the defendant would pay it himself; that upon this agreement the…
1Opinion of the CourtSoule, J.
When this case was first before us, 120 Mass. 322, the decision turned on the form of statement in the bill of exceptions, as distinctly appears in the opinion of the court. The construction given to the exceptions was that the finding in favor of the plaintiff was based solely on the oral promise of the defendant to pay Robinson’s note, to the exclusion of all consideration of the a .-her circumstances of the transaction; the court *366saying, in the opinion, that the finding assumed that the defendant’s previous liability had been settled and discharged by the giving and receiving of the note…
2Cases cited3 opinions
- Mullaly v. AustinMassachusetts Supreme Judicial Court · 1867
- Dows v. SwettMassachusetts Supreme Judicial Court · 1876
- Robinson v. TrofitterMassachusetts Supreme Judicial Court · 1870
3Cited by5 opinions
- Reeve v. DennettMassachusetts Supreme Judicial Court · 1887
- Elling v. Blake-McFall Co.Oregon Supreme Court · 1917
- Hickory v. RailroadSupreme Court of North Carolina · 1905
- Goodhue v. Hartford Fire InsuranceMassachusetts Supreme Judicial Court · 1900
- Dows v. SwettMassachusetts Supreme Judicial Court · 1883