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Browsing: Legal Papers of John Adams, Volume 1

This note contained in document ADMS-05-01-02-0002-0001-0002
60. In JA's hand. Pleadings Book, p. [34–35]. The writ, dated 31 Aug. 1770 and returnable to the Oct. 1770 Suffolk Inferior Court, was probably drafted by Samuel Fitch, who entered the action there. The Inferior Court Minute Book indicates that “Ad[ams]” represented the defendant in Jan. 1772, when £80 damages were awarded to the plaintiff on a demurrer to the plea. According to copies of the proceedings below in the Superior Court files, however, JA appeared for the plaintiff, and the defendant was represented by Josiah Quincy Jr. It is probable that the Minute Book entry is a clerical error. On appeal to the Superior Court the matter was referred, and in Feb. 1773 the defendant was awarded costs of £7 8s. 2d. Min. Bk., Inf. Ct. Suffolk, Oct. 1770, No. 280; Jan. 1772, No. 21; SCJ Rec. 1773, fol. 3; Min. Bk. 95, SCJ Suffolk, Feb. 1772, N–10; Min. Bk. 98, SCJ Suffolk, Feb. 1773, C–40; SF 102250b. Papers in the file indicate that the goods in suit were in storage at Greenoch, Scotland, where they had been unloaded at the desire of the majority of the cargo owners when the vessel had been seized in an action against her owner. The declaration is one in special assumpsit that that does not set out a bill of lading in express terms, but in reciting the contract uses the standard language of the bill. For similar forms, see 2 Chitty, Pleading 159–161; Perham, American Precedents 141–142. For a similar but much simpler form, see Holden v. Conner, Form I.
Cite web page as: Founding Families: Digital Editions of the Papers of the Winthrops and the Adamses, ed.C. James Taylor. Boston: Massachusetts Historical Society, 2018.