Hervey v. Harvey
Supreme Judicial Court of Maine
Exceptions from the Court of Common Pleas, Whitman C. J. presiding. Assumpsit for goods sold and delivered, and on a bill accepted by the defendant. The facts in the case, and the ruling of the Judge of the Court of Common Pleas, are stated in the opinion of the Court. The verdict was for the plaintiffs, and the defendant filed exceptions. The arguments were in writing. 1. The bill declared on was in law a payment of the account. Thatcher v. Dinsmore, 5 Mass.
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Exceptions from the Court of Common Pleas, Whitman C. J. presiding. Assumpsit for goods sold and delivered, and on a bill accepted by the defendant. The facts in the case, and the ruling of the Judge of the Court of Common Pleas, are stated in the opinion of the Court. The verdict was for the plaintiffs, and the defendant filed exceptions. The arguments were in writing. 1. The bill declared on was in law a payment of the account. Thatcher v. Dinsmore, 5 Mass. R. 302; Chapman v. Durant, 10 Mass. R. 51; Varner v. Nobleborough, 2 Greenl. 124. 2. The alteration of the date of the bill by the…
1Opinion of the Court
After a continuance for advisement, the opinion of the Court was drawn up by
Shepley J.
It appears, that the plaintiffs sold certain goods to the defendant on the 23d of October, 1835, on a credit of six months ; and that early in March, 1836, they drew upon him for the amount payable to their own order, dating their bill on the 23d of October, 1836, and making it payable six months after date. The defendant accepted and returned it to the plaintiffs, who altered the date of the year, making it payable in six months, from October, 1835.
This suit is brought upon that acceptance and upon the…
2Cited by5 opinions
- Ryan v. First National BankIllinois Supreme Court · 1894
- McRaven v. CrislerMississippi Supreme Court · 1876
- Osborn v. HallIndiana Supreme Court · 1903
- Lohman v. ReymondNew Mexico Supreme Court · 1913
- Carter v. The ByzantiumU.S. Circuit Court for the District of Maine · 1858