Griswold v. Messenger
Massachusetts Supreme Judicial Court
This was assumpsit to recover the value of certain land described in a deed from the plaintiff to the defendant, dated June 18, 1824, purporting to be made for 1100 dollars, which, as was said in the deed, had been paid to the plaintiff, and the receipt whereof he acknowledged, as in the common form of a deed.
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This was assumpsit to recover the value of certain land described in a deed from the plaintiff to the defendant, dated June 18, 1824, purporting to be made for 1100 dollars, which, as was said in the deed, had been paid to the plaintiff, and the receipt whereof he acknowledged, as in the common form of a deed. The first count alleged that the defendant, being indebted to the plaintiff in the sum of 1100 dollars for land sold and conveyed, in consideration thereof promised to pay that sum ; the second was for money had and received ; the third was a quantum valebat. The plaintiff proved, that…
1Opinion of the Court
*521The case was continued nisi for advisement, and in the vacation the Court ordered a nonsuit, on the ground that the paroi evidence was inadmissible.1
See Steele v. Adams, 1 Greenl. 3; Dixon v. Swiggett, 1 Harr. & Johns. 252; Brocket v. Foscue, Ruffin, 64; Eveleth v. Crouch, 15 Mass. R. (Rand’s ed.) 309, note a; Powell v. Monson & Brimfield Manuf. Co. 3 Mason, 347.
But see Bowen v. Bell, 20 Johns R. 338; Whitbeck v. Whitbeck,9 Cowen, 266; Sinclair v. Jackson, 8 Cowen, 543; Hamilton v. M'Guire, 3 Serg. & Rawle, 355; Weigley v. Weir, 7 Serg. & Rawle, 309; Watson v. Blaine, 12 Serg. & Rawle, 131;…
2Cases cited6 opinions
- Powell v. Monson & Brimfield Manuf'g Co.U.S. Circuit Court for the District of Massachusetts · 1824
- Cone v. TracySupreme Court of Connecticut · 1792
- Hamilton v. executors of M'GuireSupreme Court of Pennsylvania · 1817
- Watson v. BlaineSupreme Court of Pennsylvania · 1824
- Hannah v. WadsworthSupreme Court of Connecticut · 1792
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