Linnehan v. Matthews
Massachusetts Supreme Judicial Court
Contract against the defendant as acceptor of certain orders drawn by John F. Mead to the order of the plaintiff, and given in payment of building materials furnished and to be furnished by him to Mead, who was erecting a building under a contract, dated March 1, 1882, between the defendant and himself.
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Contract against the defendant as acceptor of certain orders drawn by John F. Mead to the order of the plaintiff, and given in payment of building materials furnished and to be furnished by him to Mead, who was erecting a building under a contract, dated March 1, 1882, between the defendant and himself. The case was submitted to this court on an agreed statement of facts, which was filed on April 18, 1888. The case came on for argument in January, 1889, when the plaintiff for the first time filed a motion to discharge the agreed facts. . The material facts appear in the opinion.
1Opinion of the CourtField, J.
The declaration is on three orders drawn by one Mead to the order of the plaintiff on the defendant and accepted by him. The first order is dated May 13, 1882, for $1,000, payable “ when a building now being erected by me on Huntington Avenue is plastered according to plans and specifications,” etc., and “when I have completed my contract of March 1, 1882, . . . to this point.” The second order is dated May 31, 1882, for $1,500, payable “when the standing finish is up,” etc., and “ when I have completed my contract ... to this point.” The *30third order is dated July 15, 1882, for $1,000,…
2Cases cited4 opinions
- Proctor v. HartiganMassachusetts Supreme Judicial Court · 1887
- Somers v. ThayerMassachusetts Supreme Judicial Court · 1874
- Farquhar v. BrownMassachusetts Supreme Judicial Court · 1882
- Duffield v. . JohnstonNew York Court of Appeals · 1884
3Cited by2 opinions
- Buttrick Lumber Co. v. CollinsMassachusetts Supreme Judicial Court · 1909
- Homer v. ShawMassachusetts Supreme Judicial Court · 1912