Symmes v. Frazier
Massachusetts Supreme Judicial Court
This was an action of assumpsit, with divers counts, to recovei the sum of two hundred dollars, or a part thereof, as a .compensation for finding, and causing to be restored, a large sum of money in bank bills, which the defendant had lost from his pocket.
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This was an action of assumpsit, with divers counts, to recovei the sum of two hundred dollars, or a part thereof, as a .compensation for finding, and causing to be restored, a large sum of money in bank bills, which the defendant had lost from his pocket. A trial was had upon the general issue, at the last November term, before Parker, J., from whose report it appears, that the defendant, having lost from his pocket a large number of bank bills, contained in a paper wrapper, amounting to more than fifteen hundred dollars, published an advertisement in the Boston Gazette, in which he…
1Opinion of the CourtParker, J.
However reluctant we might feel in supporting a defence so inconsistent with good faith and honorable [ * 346 ] dealing, as that which is set up in this action, we * must, nevertheless, govern ourselves by the rules of law ; and if, by those rules, the plaintiff’s action cannot be maintained, he must fail, however strong his claim in equity and honor.
But, upon deliberation, we are all of opinion that the law is with the plaintiff, and that the legal effect of the advertisement is a promise to pay pro rata according to the sum restored, if part of the whole sum lost should not be regained. Any…
2Cited by8 opinions
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- United States Bank v. HuthCourt of Appeals of Kentucky · 1844
- Hawk v. Marion CountySupreme Court of Iowa · 1878
- Ryer v. StockwellCalifornia Supreme Court · 1859
- Loring v. City of BostonMassachusetts Supreme Judicial Court · 1844
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