Dole v. Weeks

Decided June 15, 1808

Massachusetts Supreme Judicial Court · decided 1808-06-15

The declaration was “ a plea of the case for that at, &c., on, &c., the said Weeks, by his note in writing, of that date, by him subscribed, for value received, promised one J. K. K., to pay Him or bearer seventy-five dollars, payable, on, &.c. And the plaintiff is the bearer of said note; yet, though often requested, the said Weeks has not paid said sum, but refuses to do it; to the damage,” &c. To this declaration the defendant demurred generally, and the plaintiff joined…

Good law ✅— No negative treatment on recordhow we know

Decided 1808-06-15

How this case has been cited

Cited by 6 later decisions — most recently December 1955

6 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Per Curiam.

¶1The declaration is certainly not in the usual form, it being common to allege notice, whereby the defendant became liable, and in consideration thereof promised, &c.

¶2On a general demurrer, we must presume the plaintiff to be the lawful bearer of the note. When there is sufficient matter substantially alleged to entitle the plaintiff to his action, the declaration will be good on a general demurrer. On this ground we shall support this declaration ; but we wish practitioners would make it a *396rule to adhere to established forms in their declarations and pleadings. They would save much trouble to themselves and the Court.

¶3Declaration adjudged good.