Zerrano v. Wilson

Massachusetts Supreme Judicial Court

Zerrano v. Wilson

8 Mass. 424

CourtMassachusetts Supreme Judicial Court

DecidedOctober 15, 1851

StatusPublished

Cited by2 cases

This text of 8 Mass. 424 (Zerrano v. Wilson) 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

Zerrano v. Wilson, 8 Mass. 424 (Mass. 1851).

Pincite

Opinion

Fletcher, J.

The defence set up, that the account upon which the action is founded had been paid by the bill of exchange, cannot be maintained. The bill of exchange had not been accepted nor paid, but was protested for non-acceptance and non-payment, and was produced by the plaintiffs at the trial, and put on file with the papers, so that it was not outstanding, and would therefore furnish no defence to a recovery on the original account. Alcock v. Hopkins, 6 Cush. 484.

Judgment on the verdict, for the plaintiffs.

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Fletcher, J.

The defence set up, that the account upon which the action is founded had been paid by the bill of exchange, cannot be maintained. The bill of exchange had not been accepted nor paid, but was protested for non-acceptance and non-payment, and was produced by the plaintiffs at the trial, and put on file with the papers, so that it was not outstanding, and would therefore furnish no defence to a recovery on the original account. Alcock v. Hopkins, 6 Cush. 484.

Judgment on the verdict, for the plaintiffs.

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Bluebook (online)

8 Mass. 424, Counsel Stack Legal Research, https://law.counselstack.com/opinion/zerrano-v-wilson-mass-1851.

Opinion

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