Cook v. Wolfendale

Massachusetts Supreme Judicial Court

Cook v. Wolfendale

105 Mass. 401

CourtMassachusetts Supreme Judicial Court

DecidedOctober 15, 1870

StatusPublished

Cited by9 cases

This text of 105 Mass. 401 (Cook v. Wolfendale) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cook v. Wolfendale, 105 Mass. 401 (Mass. 1870).

Pincite

Opinion

By the Court.

The drawee of the order is liable according to the terms of his acceptance. The consideration of the order was the delivery of lumber by the plaintiff to Coyle, and not the performance by Coyle of his contract with the drawee. The plaintiff delivered the lumber, and the use which Coyle made of it was immaterial to him, not being provided for by the terms of the order. When the house became ready for occupancy, by any agency whatever, the order became payable. The evidence offered and rejected was rejected properly.

Judgment on the verdict for the plaintiff.

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By the Court.

The drawee of the order is liable according to the terms of his acceptance. The consideration of the order was the delivery of lumber by the plaintiff to Coyle, and not the performance by Coyle of his contract with the drawee. The plaintiff delivered the lumber, and the use which Coyle made of it was immaterial to him, not being provided for by the terms of the order. When the house became ready for occupancy, by any agency whatever, the order became payable. The evidence offered and rejected was rejected properly.

Judgment on the verdict for the plaintiff.

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Bluebook (online)

105 Mass. 401, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cook-v-wolfendale-mass-1870.

Opinion

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