Kingman v. Pierce
Massachusetts Supreme Judicial Court
Trover for a promissory note, made by the defendant payable to one Giles Rider, for the sum of twelve dollars, dated Sept. 4th, 1817, and payable in sixty days.
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Trover for a promissory note, made by the defendant payable to one Giles Rider, for the sum of twelve dollars, dated Sept. 4th, 1817, and payable in sixty days. The action came up from the Common Pleas, where it had been tried; and no appeal lying, it was brought here upon exceptions taken by the plaintiff to the instructions given by that court to the jury, under the provisions of the statute of 1817, c. 185. The note was the property of the plaintiff, who, before the 17th of October, 1817, being about to leave home on a journey, instructed his son, if the defendant should come-in his…
1Opinion of the Court
Curia.
We feel ourselves obliged, but reluctantly, to order a new trial in this case. Nothing but a spirit of litigation could have placed the cause in its present situation. The plaintiff might undoubtedly, at any time, have obtained the money from his son, to whom it was paid in his absence. We must, nevertheless, look to his legal rights, without regard to the spirit with which they are enforced.
According to the evidence reported, the note was not due when it was paid to the plaintiff’s son. He was expressly prohibited to receive payment in the absence of his father; and the defendant was…
2Cited by11 opinions
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