Mills v. Dow's Administrator
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OR THE UNITED STATES FOR THE DISTRICT OF MASSACHUSETTS. On the 23d of October, 1878, the following instrument in writing was executed by Stephen 0. Mills on the-one part, and Stephen Dow and Nathan P. Pratt on the other: “ Whereas Stephen C. Mills of Stark, in the State of Maine, is the contractor for the building of the Boston and Mystic Valley Railroad Company’s railroad bed,'bridges, etc., etc.; and whereas the said' railroad company has agreed…
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ERROR TO THE CIRCUIT COURT OR THE UNITED STATES FOR THE DISTRICT OF MASSACHUSETTS. On the 23d of October, 1878, the following instrument in writing was executed by Stephen 0. Mills on the-one part, and Stephen Dow and Nathan P. Pratt on the other: “ Whereas Stephen C. Mills of Stark, in the State of Maine, is the contractor for the building of the Boston and Mystic Valley Railroad Company’s railroad bed,'bridges, etc., etc.; and whereas the said' railroad company has agreed to purchase and cause to be cancelled the said contract, but said company has found it inconvenient or impossible to pay…
1Opinion of the Court
Mr. Justice Blatohford,
after stating the case as above, -.delivered the opinion of the court.
The plaintiff alleges as error, (l).the refusal of the c'ourt to admit the evidence offered as to the consideration of' $15,000, as to the promise to pay the balance of it, and as tp the promise to pay the debts due to Hall and Burgess; (2) the ruling that the plaintiff' could not recover without showing some ■ actual payment or injury, other than his liability to Hall. and Burgess so due and made known to the defendants; (3) the ruling that there was no competent evidence to sustain the plaintiff’s…
2Cases cited8 opinions
- Wicker v. HoppockSupreme Court of the United States · 1867
- Locke v. HomerMassachusetts Supreme Judicial Court · 1881
- Wilkinson v. ScottMassachusetts Supreme Judicial Court · 1821
- Carr v. DooleyMassachusetts Supreme Judicial Court · 1876
- Chace v. HinmanNew York Supreme Court · 1832
3 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Dieckman v. WalserSupreme Court of New Jersey · 1933
- Lenz v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1901
- E. C. Warner Co. v. W. B. Foshay Co.Court of Appeals for the Eighth Circuit · 1932
- Oriental Lumber Co. v. Blades Lumber Co.Supreme Court of Virginia · 1905
- Chicago & Northwestern Railway Co. v. KrammeSupreme Court of Iowa · 1953
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