Long v. Colburn
Massachusetts Supreme Judicial Court
Assumpsit on the following promissory note, viz.: “ No 273, $301. Boston, 17th March, 1812. For value received, I promise to pay Mr. Edward J. Long, or order, on demand, three hundred and one dollars, with interest after four months. Pro William Gill,—■ J. S'. Colburn.”
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Assumpsit on the following promissory note, viz.: “ No 273, $301. Boston, 17th March, 1812. For value received, I promise to pay Mr. Edward J. Long, or order, on demand, three hundred and one dollars, with interest after four months. Pro William Gill,—■ J. S'. Colburn.” The action came on for trial upon the general issue, at the last November term in this county, before Parker, J.; when, it appearing in evidence that the defendant had a letter of attorney from William Gill, who was in Europe when the note was given, and when the action was commenced ; and that the note was for a premium on a…
1Opinion of the Court
* Parker, J.,
delivered the opinion of the Court.
In this case, Colburn, the defendant, is declared against upon a promissory note made by him; and when the note was offered in evidence to support the declaration, it appearing to be, as construed by the judge, a promise in behalf of William Gill, a nonsuit was directed, on the ground that the evidence offered did not support the declaration. If the note warranted a verdict against the defendant in the present action, the nonsuit must be set aside, and judgment be rendered for the plaintiff upon the default of the defendant.
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2Cases cited2 opinions
- Mechanics' Bank v. Bank of ColumbiaSupreme Court of the United States · 1820
- Mann v. ChandlerMassachusetts Supreme Judicial Court · 1812
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- Bartlett v. TuckerMassachusetts Supreme Judicial Court · 1870
- Emerson v. Providence Hat Manufacturing Co.Massachusetts Supreme Judicial Court · 1815
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