Van Staphorst v. Pearce
Massachusetts Supreme Judicial Court
The declaration in this action was in case upon sundry promises, and contained the following counts: 1. Assumpsit for money had and received. 2. On a bill of exchange, as drawn by Samuel Colder on the defendant, and payable to bearer, with an averment that the plaintiffs are the bearers, of the acceptance of the defendant, &c. 3. On a bill of exchange, as drawn by Blandow and Company on the defendant, payable to the plaintiffs, and accepted by the defendant. 4. On a bill of…
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The declaration in this action was in case upon sundry promises, and contained the following counts: 1. Assumpsit for money had and received. 2. On a bill of exchange, as drawn by Samuel Colder on the defendant, and payable to bearer, with an averment that the plaintiffs are the bearers, of the acceptance of the defendant, &c. 3. On a bill of exchange, as drawn by Blandow and Company on the defendant, payable to the plaintiffs, and accepted by the defendant. 4. On a bill of exchange, as drawn by Samuel Calder on the defendant, payable to the plaintiffs, and accepted by the defendant. At the…
1Opinion of the CourtParsons, C. J.
It appears from the case as stated, that on the 19th of June, 1803, Calder, a master of the defendant’s ship Martha Washington, was with the ship at St. Petersburg, and there purchased of Blandow & Co. a cargo for his owner, agreeably to whose orders to pay the balance due to Blandow & Co., he drew a bill for 25,000 rubles on the defendant, payable in six months at Amsterdam,, at the plaintiffs’, without mentioning the name of any payee. This bill was delivered to Blandow & Co., who, on the 23d of June, sent the bill to the plaintiffs, with an endorsement, di reefing the defendant to pay the…
2Cited by17 opinions
- Seymour & Bouck v. Van SlyckNew York Supreme Court · 1832
- Dean v. HallNew York Supreme Court · 1837
- Williams v. WallSupreme Court of Missouri · 1875
- Austell v. RiceSupreme Court of Georgia · 1848
- Ellis v. BrownNew York Supreme Court · 1849
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