Whittier v. Smith
Massachusetts Supreme Judicial Court
This action, which was case upon promises, the parties submitted to the decision of the Court upon the following statement of facts: — The suit is founded on a promise contained in the following receipt, viz.: “Hallowell, 1 January, 1811. Received of Simeon C. Whittier, deputy sheriff, the following articles, attached on a writ of attachment, dated December 31, 1810, in favor of Parsons and Stephens Smith, against Bela Andrews, returnable to the Court of Common Pleas next to…
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This action, which was case upon promises, the parties submitted to the decision of the Court upon the following statement of facts: — The suit is founded on a promise contained in the following receipt, viz.: “Hallowell, 1 January, 1811. Received of Simeon C. Whittier, deputy sheriff, the following articles, attached on a writ of attachment, dated December 31, 1810, in favor of Parsons and Stephens Smith, against Bela Andrews, returnable to the Court of Common Pleas next to be' holden at Augusta, in the county of Kennebeck, on the third Tuesday of May next, to wit. [Then follows a particular…
1Opinion of the CourtSewall, C. J.
The defendants are charged, in an action of assumpsit, upon a promise in writing made to the plaintiff. The writing shown in evidence is dated January 1, 1811; and the defendants thereby acknowledge to have received of the plaintiff, a deputy sheriff, certain articles afterwards enumerated, “ attached on a writ of attachment, dated December 31, 1810, in favor of Parsons and Stephens Smith. *199[two of the defendants,] against Bela Andrews, returnable to the Court of Common Pleas next to be holden, &c., all which they promise to redeliver to the plaintiff when called for.”
The plaintiff proves also…
2Cases cited1 opinion
- Dodds v. HenryMassachusetts Supreme Judicial Court · 1812
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