Gilbert v. Williams

Massachusetts Supreme Judicial Court

Gilbert v. Williams

8 Mass. 476

CourtMassachusetts Supreme Judicial Court

DecidedMarch 15, 1812

StatusPublished

This text of 8 Mass. 476 (Gilbert v. Williams) 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

Gilbert v. Williams, 8 Mass. 476 (Mass. 1812).

Pincite

Opinion

By the Court.

This case must be decided on the particular facts reported by the judge. There can be no question, that the managers were jointly responsible to the plaintiffs, while they retained the prize tickets, which constituted the evidence of their demand But when the plaintiffs delivered the tickets to Mr. Gardner, and took his personal promise for the amount due upon them, they relinquished their claim on the other managers, and lost their remedy on the tickets; having exchanged it for a right of actk n against Gardner. The verdict must be set aside, and the plaintiffs be called

Plaintiffs nonsuit.

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By the Court.

This case must be decided on the particular facts reported by the judge. There can be no question, that the managers were jointly responsible to the plaintiffs, while they retained the prize tickets, which constituted the evidence of their demand But when the plaintiffs delivered the tickets to Mr. Gardner, and took his personal promise for the amount due upon them, they relinquished their claim on the other managers, and lost their remedy on the tickets; having exchanged it for a right of actk n against Gardner. The verdict must be set aside, and the plaintiffs be called

Plaintiffs nonsuit.

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Bluebook (online)

8 Mass. 476, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gilbert-v-williams-mass-1812.