Whetmore v. Murdock
U.S. Circuit Court for the District of Massachusetts
This was an action of assumpsit on two promissory notes, made by the defendant [Warren Murdock] to the plaintiffs [David TV. Whetmore and others], one dated July 3d. 1S4G, for $1236.8S, and the other July Sth, the same year, for $16S2.15. The plaintiffs were citizens of New York, and the defendant of Wareham, Massachusetts.
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This was an action of assumpsit on two promissory notes, made by the defendant [Warren Murdock] to the plaintiffs [David TV. Whetmore and others], one dated July 3d. 1S4G, for $1236.8S, and the other July Sth, the same year, for $16S2.15. The plaintiffs were citizens of New York, and the defendant of Wareham, Massachusetts. The general issue was pleaded, and a special notice filed, requiring proof of the execution of the notes and their consideration and setting up payment of them. It appeared in evidence that property had been attached the 2Gth of August on the writ which issued August 2ñth,…
1Opinion of the Court
WOODBURY, Circuit Justice.
There is no cause assigned here for a new trial on account of any misdirection by the court. Because this charge was in point of law quite as favorable to the plaintiffs, if not more so, than can in some respects be vindicated after mature consideration. But the verdict being against the weight of evidence is the first ground suggested for a new trial. This objection relates to the evidence as to the consideration of the second notes, it being either the first notes then agreed to be returned, and soon actually returned, or it being a collusion or fraud to injure…
2Cases cited14 opinions
- Jones v. WitterMassachusetts Supreme Judicial Court · 1816
- Crocker v. WhitneyMassachusetts Supreme Judicial Court · 1813
- Dawes v. BoylstonMassachusetts Supreme Judicial Court · 1812
- Duncan v. LyonNew York Court of Chancery · 1818
- Lansing v. EddyNew York Court of Chancery · 1814
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