Zerrano v. Wilson

Decided October 15, 1851

Massachusetts Supreme Judicial Court · decided 1851-10-15

This was an action of assumpsit against the owners of the bark Harriet, to recover the amount of a bill for supplies furnished by the plaintiffs at Talcahuano, in Chili, to that vessel, while prosecuting a whaling voyage, under the command of James Durfee, one of the owners of the vessel. The defendants pleaded the general issue. At the trial, before Dewey, J., the ownership of the vessel was admitted.

Cited by 1 later decisions — most recently December 1841

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1851-10-15

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Fletcher, J.

¶1The 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.

¶2Judgment on the verdict, for the plaintiffs.