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Browsing: Legal Papers of John Adams, Volume 1


This foot note contained in document ADMS-05-01-02-0002-0001-0002
8. In JA 's hand. Pleadings Book, p. 4ā€“5. This writ, dated 29 March 1771, was probably drawn by JA , since he was of counsel for Langdon, both in the April 1771 Suffolk Inferior Court, where Barber prevailed on a demurrer to the plea, and in the Aug. 1771 Superior Court, where the jury found a verdict for Barber. Josiah Quincy Jr. was of counsel for the latter. Min. Bk., Inf. Ct. Suffolk, April 1771, No. 205; SCJ Rec. 1771, fol. 214; Min. Bk. 95, SCJ Suffolk, Aug. 1771, Nā€“3. SF 101888. The action, like Waldo v. Gridley, Form II, was against the owner of a vessel for goods shipped on a bill of lading. This declaration does not recite the giving of a bill of lading, but sets out the contract in the language of the bill. Compare McLean v. McEwen, Form XVII; see 2 Chitty, Pleading 159ā€“161. The file copy of the writ contains a second count, virtually identical to that in Waldo, which does recite the bill. SF 101888. Like the declaration in Waldo, the count here sounds in indebitatus assumpsit by virtue of the last clause.