Proctor v. Moore
Massachusetts Supreme Judicial Court
This was an action of assumpsit upon two promissory notes, made by the defendant to the plaintiff, dated the 16th day of January, 1798, one of which was payable the first day of March, and the other the first day of April next after the date; and the declaration alleged that the notes were made at A., in this county.
Read the full summary
This was an action of assumpsit upon two promissory notes, made by the defendant to the plaintiff, dated the 16th day of January, 1798, one of which was payable the first day of March, and the other the first day of April next after the date; and the declaration alleged that the notes were made at A., in this county. The defendant pleaded in bar that, at the time of making the notes declared on, and from thence until the first day of August, m the same year, he was an inhabitant of the state of. Connecticut, and that, upon his petition to the legislature of that state, bearing date the 11th…
1Opinion of the Court
The Court,
(Dana, C. J., Sedgwick, Sewall, and Thacher, justices,) without hearing any argument, were clearly and unanimously of opinion that the plea in bar was bad. They said it did not appear by the plea that the contract was made in the state of Connecticut, nor that the plaintiff was an inhabitant of that state at the time the contract was made, and unless he was, the resolve could not bind him, which they had repeatedly decided; nor was it stated that the trustees had given the notice * required [ * 200 ] by the resolve; nor was it sufficiently averred that the defendant had transferred…
2Cases cited2 opinions
- Smith v. SmithNew York Supreme Court · 1807
- Walsh v. FarrandMassachusetts Supreme Judicial Court · 1816
3Cited by6 opinions
- Holmes v. RemsenNew York Supreme Court · 1822
- Andrews v. HerriotNew York Supreme Court · 1825
- Le Roy v. CrowninshieldU.S. Circuit Court for the District of Massachusetts · 1820
- Van Reimsdyk v. KaneU.S. Circuit Court for the District of Rhode Island · 1812
- M'Menomy v. MurrayNew York Court of Chancery · 1818
1 more not listed; retrieve them via the Exa API.