Tucker v. Randall
Massachusetts Supreme Judicial Court
The writ in this case was dated November 15, 1803, and the. declaration was “in a plea of the case for that the said R., at said Boston, on the 10th day of September last past, by his note under his hand of that date, for value received, promised the plaintiff to pay him or order ninety-five dollars — ten dollars per month for the next nine months, and five dollars for the tenth month, from the above date.
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The writ in this case was dated November 15, 1803, and the. declaration was “in a plea of the case for that the said R., at said Boston, on the 10th day of September last past, by his note under his hand of that date, for value received, promised the plaintiff to pay him or order ninety-five dollars — ten dollars per month for the next nine months, and five dollars for the tenth month, from the above date. Now, the said T. avers that more than two months have elapsed since the date of said note, and said R., though since requested, hath not paid either of said monthly payments, and that, he…
1Opinion of the CourtParker, J.
As to the two instalments which had fallen due at the commencement of the action, the plaintiff is undoubtedly entitled to recover, if the promise is well laid. I think what follows the recital of the promise in the declaration may be rejected as surplusage, and that we can give judgment for the plaintiff according to the right of the case.
Sewall, J., concurred.
Sedgwick, J.
Here is shown substantially, and even technically, a good cause of action, it is true,' the plaintiff goes on to allege other facts, and to draw from them a legal [ * 284 ] * inference. But the allegation and inference •…
2Cited by23 opinions
- Phelps v. Shawprint, Inc.Massachusetts Supreme Judicial Court · 1952
- Boynton v. SalingerSupreme Court of Iowa · 1910
- Burnap v. WightIllinois Supreme Court · 1853
- Brown v. RhoadesSupreme Judicial Court of Maine · 1927
- Newell v. GreggNew York Supreme Court · 1868
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