Groves v. Brown
Massachusetts Supreme Judicial Court
This was an action of assumpsit on a promissory note, made by the defendant to the plaintiff, on the 4th of November, 1809, for 97 dollars 87 cents, payable, with interest, in two years from the 16th of said November, in neat cattle.
Read the full summary
This was an action of assumpsit on a promissory note, made by the defendant to the plaintiff, on the 4th of November, 1809, for 97 dollars 87 cents, payable, with interest, in two years from the 16th of said November, in neat cattle. At the trial, before Jackson, J., upon the general issue, at the last April term in this county, the defendant admitted the making of the note; but contended that he was discharged therefrom by a judgment against him, as trustee of the said Groves, rendered at theu Circuit Court of Common Pleas in January, 1812. It appeared that the writ in that suit was served…
1Opinion of the Court
Curia.
It must be competent for the principal in any action, whose debtor attempts to discharge himself, by showing that he has paid on a trustee process, or that he had discharged himself from that action upon oath, to prove that the debt still remains due.
Otherwise he is placed entirely in the power of his debtor, who may cancel his debt by his own declaration. The remedy by indictment for perjury is the only one which the summoning creditor has, because he cannot have evidence to substantiate the debt. This defence amounts, in fact, to payment, which may be disproved by the plaintiff, (a)
But…
2Cases cited5 opinions
- Hull v. BlakeMassachusetts Supreme Judicial Court · 1816
- Winthrop v. CarltonMassachusetts Supreme Judicial Court · 1812
- Gould v. NewmanMassachusetts Supreme Judicial Court · 1810
- Andrews v. HerringMassachusetts Supreme Judicial Court · 1809
- Commonwealth v. CooperMassachusetts Supreme Judicial Court · 1818
3Cited by4 opinions
- Barton v. AllbrightIndiana Supreme Court · 1868
- Bell v. JonesSuperior Court of New Hampshire · 1845
- Brown v. DudleySupreme Court of New Hampshire · 1856
- Vaughan v. MorrisonSupreme Court of New Hampshire · 1875