Higbee v. Dresser
Massachusetts Supreme Judicial Court
Contract upon a promissory note on ninety days, made by the defendants, Samuel T. Dresser and John - C. Newcomb, doing business under the name of Dresser & Newcomb, to Darius R. Brant and John H. Peck, (who were traders in Chicago; under the name of Brant & Company,) or their order, dated February 7,1867, and transferred to the plaintiff by Brant and Peck by indorsement bearing the same date, without recourse to them.
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Contract upon a promissory note on ninety days, made by the defendants, Samuel T. Dresser and John - C. Newcomb, doing business under the name of Dresser & Newcomb, to Darius R. Brant and John H. Peck, (who were traders in Chicago; under the name of Brant & Company,) or their order, dated February 7,1867, and transferred to the plaintiff by Brant and Peck by indorsement bearing the same date, without recourse to them. Writ dated April 18, 1868. At the trial in the superior court, before Rockwell, J., the defendants called as a witness John C. Abbott, an attorney at law residing in Lowell, who…
1Opinion of the CourtAmes, J.
The case finds that Brant and Peck, who were traders residing in Chicago, sent a letter by mail to the witness Abbott, an attorney at law residing at Lowell, for the purpose of consulting or employing him as such, in the collection of a debt which they alleged to be due to them from the defendant; and that he, in answer to their letter, gave them some advice as to the best mode of proceeding in order to accomplish that object. No other communication appears to have passed between them, and no proceedings were commenced against the defendants for somewhat over a year. To require him to produce…
2Cited by4 opinions
- In Re SelserSupreme Court of New Jersey · 1954
- Nadler v. Warner CompanySupreme Court of Pennsylvania · 1936
- Wade v. RidleySupreme Judicial Court of Maine · 1895
- In Re SelserSupreme Court of New Jersey · 1954