Massachusetts Supreme Judicial Court, 1851

Zerrano v. Wilson

Zerrano v. Wilson
Massachusetts Supreme Judicial Court · Decided October 15, 1851 · Fletcher
8 Mass. 424
Zerrano v. Wilson

Cases that cite this one

2 later published cases cite this decision.

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Opinion of the Court

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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