Legal Opinion

Bryant v. Moore

Supreme Judicial Court of Maine

Decided May 15, 1846PublishedCited by 16 opinions

Exceptions from the Western District Court, Goodenow J. presiding. This was an action of assumpsit on a note of hand, dated March 30, 1844, given by the defendant to Peter H. McAllas-ter for fifteen dollars. The plaintiff to sustain his action read the note to the jury. The defence to the note was a want of consideration and a breach of warranty.

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Exceptions from the Western District Court, Goodenow J. presiding. This was an action of assumpsit on a note of hand, dated March 30, 1844, given by the defendant to Peter H. McAllas-ter for fifteen dollars. The plaintiff to sustain his action read the note to the jury. The defence to the note was a want of consideration and a breach of warranty. To maintain this defence the defendant proved that sometime prior to March 30, 1844, McAlIaster exchanged a pair of oxen with the defendant, which were the property of the plaintiff, for a pair of steers, receiving the defendant’s note for twelve…

1Opinion of the Court

The opinion of the Court was drawn up by

Shep-ley J.

— This suit is upon a promissory note made by the defendant on March 30, 1844, and payable to Peter H. McAl-laster or order. The bill of exceptions in substance .states, that McAllaster on that day exchanged a pair of the plaintiff’s oxen with the defendant for a pair of steers, and received of the defendant^ note for twelve dollars for the estimated difference in value. That he returned the steers and note to the defendant on the same day, and informed him, that the plaintiff would not consent, that the exchange should be thus made, but…

2Cited by16 opinions

  1. Bank v. Ohio Valley Furniture Co.West Virginia Supreme Court · 1905
  2. Wheeler v. Northwestern Sleigh Co.U.S. Circuit Court for the District of Eastern Wisconsin · 1889
  3. Fishbaugh v. SpunaugleSupreme Court of Iowa · 1902
  4. Thompson v. Laboringman's Mercantile & Manufacturing Co.West Virginia Supreme Court · 1906
  5. Oxford Lake Line v. First National BankSupreme Court of Florida · 1898

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