Legal Opinion

Brown v. Swan

Massachusetts Supreme Judicial Court

Decided November 15, 1804PublishedCited by 3 opinions

This was an action of debt upon a judgment recovered by the plaintiff’s testator against the defendant for $50 and 32 cents damages, and $22 and 71 cents "costs, at the term of this Court, in Worcester, September, 1800. The defendant pleaded in bar that the executor had released.

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This was an action of debt upon a judgment recovered by the plaintiff’s testator against the defendant for $50 and 32 cents damages, and $22 and 71 cents "costs, at the term of this Court, in Worcester, September, 1800. The defendant pleaded in bar that the executor had released. The f laintiff prayed oyer of the deed, which was as follows, viz., “ Feb 17, 1801, Received of Timothy Swan eighty dollars in full of all debts, dues, and demands in favor of the estate of Isaac [ * 203 ] Brown, late of Mason, in the county *of Hillsborough, and state of New Hampshire, gentleman, deceased, •'gainst…

1Opinion of the Court

On the trial of the issue at a former term of the Court, the jury found that it was the deed of the plaintiff; and his counsel moved in arrest of judgment. Two exceptions were made to the plea— First, that a release could not be pleaded to an action of debt on a judgment, and, secondly, that the instrument pleaded in this case was not a release, being, at the most, only evidence of payment, and, therefore, the defendant should have pleaded payment, and relied upon the writing as evidence of that fact.

The real object of the motion appeared to be to obtain an order of Court for a repleader,…

2Cited by3 opinions

  1. White v. StateSupreme Court of Arkansas · 1856
  2. Ottawa, Oswego & Fox River Valley R. R. v. McMathAppellate Court of Illinois · 1877
  3. Rathbone v. TerrySupreme Court of Rhode Island · 1837

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