Willis v. Twambly
Massachusetts Supreme Judicial Court
This was a writ of error brought to reverse the judgment of the Court of Common Pleas holden in the County of Oxford, rendered in an action in which the said Willis was plaintiff and the said Twambly defendant. The original action was instituted upon the following note, namely. “ Paris, Dec. 10th, 1808. For value received I promise to pay Nathaniel Willis or order ten ewe sheep, four of them to be lambs, in four years from the date.
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This was a writ of error brought to reverse the judgment of the Court of Common Pleas holden in the County of Oxford, rendered in an action in which the said Willis was plaintiff and the said Twambly defendant. The original action was instituted upon the following note, namely. “ Paris, Dec. 10th, 1808. For value received I promise to pay Nathaniel Willis or order ten ewe sheep, four of them to be lambs, in four years from the date. William Twambly.'1'1 The cause was tried in the Court below, upon the general issue ; and, a verdict being returned for the defendant, under the direction of the…
1Opinion of the CourtParker, C. J.
Whether this note or promise was ever assigned, so as to enable Cook or Raynes to maintain an action against the promissor, even in the name of Willis, the minority of Willis being put out of the question, we need not now determine. There was no assignment in writing, nor any signature of Willis on the instrument, over which an assignment could be written, nor any promise by Twambly to pay any person but Willis. Whether the mere manual delivery of the evidence of a contract, although intended to operate as a sale or transfer, could authorize a suit in the name of Willis, is a question of some…
2Cited by18 opinions
- Price v. FurmanSupreme Court of Vermont · 1855
- Rice v. BoyerIndiana Supreme Court · 1886
- Geffen v. PaletzMassachusetts Supreme Judicial Court · 1942
- Roof v. StaffordNew York Supreme Court · 1827
- Adams v. BeallCourt of Appeals of Maryland · 1887
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