President of Hallowell & Augusta Bank v. Howard

13 Mass. 235
CourtMassachusetts Supreme Judicial Court
DecidedJune 15, 1816
StatusPublished
Cited by12 cases

This text of 13 Mass. 235 (President of Hallowell & Augusta Bank v. Howard) 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
President of Hallowell & Augusta Bank v. Howard, 13 Mass. 235 (Mass. 1816).

Opinion

By the Court.

Nothing is a lawful tender but gold and silver. To permit the defendants thus to set off these promissory notes would be allowing cross demands to be set off in like manner in every case. These notes are nothing more than evidence of a right of action ; so that, if the assignment were out of the question, the motion could not obtain. The only course in such case would be, for the present defendants to obtain a judgment upon the notes and set off such judgment against the plaintiffs’ judgment.

The defendants were afterwards defaulted.

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Bluebook (online)
13 Mass. 235, Counsel Stack Legal Research, https://law.counselstack.com/opinion/president-of-hallowell-augusta-bank-v-howard-mass-1816.