Whitney v. Esson
Massachusetts Supreme Judicial Court
Contract by the firm of Sprague, Soule & Co., merchants at Boston, for the price, $2235.35, of an invoice of goods sold to the defendants, who were traders in Nova Scotia. Defence that the defendants had fully paid the plaintiffs for the goods.
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Contract by the firm of Sprague, Soule & Co., merchants at Boston, for the price, $2235.35, of an invoice of goods sold to the defendants, who were traders in Nova Scotia. Defence that the defendants had fully paid the plaintiffs for the goods. At the trial in the superior court, before Ames, C. J., these facts appeared: The defendants, on March 14, 1866, sent a letter to the plaintiffs, inclosing a draft of Huse & Lowell, bankers at Halifax, on J. H. Clapp & Co., bankers at Boston, for the price of the invoice, with a request for the plaintiffs to pass it to the defendants’ credit. The…
1Opinion of the CourtChapman, C. J.
The defendants inclosed the draft of Huse & Lowell to the plaintiffs, with a request that they would pass it to the defendants’ credit. The plaintiffs, in reply, acknowl*310edge its receipt, and say they will pass it to the defendants’ credit when paid. As the defendants made no objection to their retaining it on these terms, they are not bound to pass it to the defendants’ credit unless it' has been paid, or unless they have so treated it as to have become responsible for it.
On the last day of grace they presented it for payment; and on receiving the check of Clapp & Co. for the amount, payable…
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