Plummer v. Lyman
Supreme Judicial Court of Maine
On Report, by Davis, J. Assumpsit on the following order: — "$224. "Cumberland, Dee. 17th, 1857. "Messrs. Lyman, Marrett & Co., — Six months after date, please pay to Plummer & Gerry two hundred and twenty-four dollars, and charge the same to my account. "David Spear.” This order was duly protested for non-payment.
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On Report, by Davis, J. Assumpsit on the following order: — "$224. "Cumberland, Dee. 17th, 1857. "Messrs. Lyman, Marrett & Co., — Six months after date, please pay to Plummer & Gerry two hundred and twenty-four dollars, and charge the same to my account. "David Spear.” This order was duly protested for non-payment. In- the summer of 1857, Spear was building a vessel at Cumberland; the plaintiffs furnished lumber which was put into said vessel, and to pay for which the above order was given. On Wednesday, Dec. 16th, the vessel was launched at about noon, and was brought up to Portland the…
1Opinion of the Court
The opinion of the Court was drawn up by
Tenney, C. J.
The action is upon an alleged verbal promise, made by the defendants, that they would accept an order to be drawn on them by David Spear, in favor of the plaintiffs; and the cause of action alleged, is a failure to comply with the promise.
It was admitted that, in the summer of 1857, David Spear was building a vessel at Cumberland, and all the lumber for which the order was given by him was furnished by the plaintiffs, and put by him into the vessel, which was launched on Wednesday, Dec. 16, 1857, about noon, and was brought up to Portland…
2Cases cited3 opinions
- Townsley v. SumrallSupreme Court of the United States · 1829
- Coolidge v. PaysonSupreme Court of the United States · 1817
- Wilson v. ClementsMassachusetts Supreme Judicial Court · 1807
3Cited by2 opinions
- Chicago Heights Lumber Co. v. MillerIllinois Supreme Court · 1905
- Miller v. Chicago Heights Lumber Co.Appellate Court of Illinois · 1904