Adams Papers Digital Edition

Legal Papers of John Adams
Volume 1, Cases 1–30

Front Matter

Title Page

Copyright Page

Sponsors of Print Edition

Advisory Board

Advisory Board

Foreword

Contents

Descriptive List of Illustrations

Preface

Introduction

The Massachusetts Bench and Bar: A Biographical Register of John Adams’ Contemporaries

Acknowledgements

Guide to Editorial Apparatus

Documents

A. Law Study

Document Group

1 January 175831 December 1758Nunquam prospere succedunt Res humanae, ubi negliguntur divinae. Sex horas somno, totidem des Legibus aequis; Quatuor orabis, des Epulisque duas. Quod...

1 January 175931 December 1759Assumpsit. Sometimes signifies not only a Promise but an Actual Undertaking of the Business, an Actual Entry, upon the Execution of the Promise. Assum...

B. Adams' Pleadings Book

Document Group

1 January 177131 December 1773Case on a Bill of Lading vs. Master for not delivering the Plaintiff's Goods freighted on Board the Defendant's Vessell. For that the said Charles on ...

C. Torts

Bassett v. Mayhew; Mayhew v. Bassett; Mayhew v. Allen1762–1768

1 August 176531 August 1765Hovey. Justifies by Warrant. Generality. Turning Point, legality of Warrant. Void in itself. Broke open in the dead of Night. Damages. Thrown down on ...

1 August 176531 August 17651762. 1762. June 1. C. Basset complains of Jerusha Bethiah junr. Lucinda Mahew and Mercy Chase and a Warrant issues without Seal and directed to Coron...

King v. Stewart1773–1774

4 January 1768Province of the Massachusetts Bay To His Excellency the Governor The Honorable His Majestys Council and the Honle. House of Reprisentitives in General...

2 July 1771To The Honle. His Majesty's Justices of the Supr. Court of Judicature Court of Assize &c. Now Holden in the Countys of Cumberland and for the County o...

1 June 177430 June 1774To the Sheriff of our county of Cumberland his under-Sheriff or Deputy, Greeting. We command You that You summon Richard King of Scarborough in our Co...

1 June 177330 June 1773Richard King v. Jno. Stewart & al This was an action of trespass—and on motion of Mr. Bradbury attorney to plaintiff after issue joined—plaintiff was ...

31 May 1773Mr. Burbank Sir I receved Yours of the 17th. Current, and a Second that appears to have ben wrote Since. In your first You point out the Horrows of ...

28 June 1773Whereas Richard King Esq. hath released me from Gaol where I have been sometime confined by having my body attached by a writ of Trespass in which the...

28 June 1773I Silas Burbanks of lawful age testify and say, that in the spring of the Year 1766, a few days before the riot at Mr. Richard Kings dwelling house, I...

19 January 17739 July 1774I John Newbegin of Lawful Age testify and say that the Evening of the 18th Day of March 1766 Silas Burbanks spake to me and told me a number of People...

16 June 1773I Jonathan Wingate of lawful age testify and say that about eight or ten days before Mr. Richard Kings house and shop were broken open in March 1766 I...

1 April 176630 April 1766In Considiration whar of a number of the Suns of liburty have Shun a mordrit resment i.e. resentment for the repeted abus which they have reseved for ...

27 May 1774Richard King To those Imediately Consirned in his action of review against them Depending &c. and any others that the matter of that action may Conser...

29 June 1774Jonathan Sayward of York in Said County of York, Esqr. Testifys and Says that He very well knew Josiah Beal who some years Since was an Inhabitant of...

1 July 177431 July 1774Scurlogging. 3 Stewarts defaulted. 3 Andrews appear. By the Sullivans. Bradbury. Silas Burbank. About 10 days before the Affair, I was informed that a...

7 July 1774I am engaged in a famous Cause: The Cause of King, of Scarborough vs. a Mob, that broke into his House, and rifled his Papers, and terrifyed him, his ...

Cotton v. Nye1767

4 April 1767Poor Nye of Sandwich, seems dejected. I should suspect by his Concern that Cotton gained Ground vs. him. He seems to be hipp'd. It fretts and worries ...

1 April 176730 April 1767Hovey. Certificate. Benja. Fessenden. Bassetts Shop. Lying Papers. Set their Names to it. Deacon. Forster. Signd the Certificate, &c. Dr. Smith. Cotto...

1 April 176730 April 1767Defendant It may be part of a great plan to get Representation over that Paper. It is true he made the Story for he drew it up. Plaintiff put in memor...

1 May 176731 May 17674. Bac. 485. “All Words are actionable which import the Charge of such a Forgery, as is within any of the statutes against this offence.” “An action a...

1 May 176731 May 1767Otis. Certificate of General Assembly. Law very much altered of late Times. To prevent Gothic Contentions and single Combats. High Proceedings. Strang...

1 May 176731 May 1767Certificate Mr. Fessenden. A Lye of his own making, and he had set their Names to it. Jennings. Memento.}Deps. Bassett. Ellis. ...

16 May 1767The Court was fixed in the Sandwich Case. Cotton is not only a Tory but a Relation of some of the Judges, Cushing particularly.... Cushing was very bi...

Burnam v. Mugford1770–1771

1 June 177130 June 1771Jno. Melzond. Was on board the Vessell with Captn. Burnam and Mr. Mugford. Burnam took an Hankercheif and a Purse and 1/2 Johannes in it, and some sma...

Gill v. Mein1768–1769

1 March 176931 March 1769News Paper. Jacobite Party. Kent. Odd that Edes and Gill should desire him to be of no Party. Pitt is a fallen Angell, and given up by his Partizans, ...

Gray v. Pitts1771

1 July 177131 July 1771James Melvin. Saw Pitts push Gray off with one Hand and give him a stroke with his Stick. G. no Hatt on. Saw the Blood run. A knotty Stick—big as the ...

1 December 177131 December 1771J. Quincy. We had done nothing but what was justifiable by the Laws of our Country. J. Whitworth. Pitt said in the forenoon, that Gray had used him ve...

D. Contracts

Porter v. Steel1770–1772

1 November 177230 November 1772John Lowell. Receipt. Wm. Wingate. Serjeant. Mr. Webster. Porter said Steel owed him. Sued him for 100 dollars. S. paid ½ of it, and was sued again fo...

1 November 177230 November 1772Porter and Steel. Case for money received and promise to pay it. Plea no promise. Proof. Produced a Receipt and the signing was denied. The Clerk of I...

E. Commercial Law

Alcock v. Warden1766

1 August 176631 August 1766On a Bill of Exchange, drawn on N. York, protested. Q. made was whether Bill on N. York was a foreign Bill? So as to carry 10 Per Cent damages and 6 P...

Apthorp v. Gardiner1766–1768

12 September 1766 To the Sheriff of our county of Suffolk his Undersheriff or Deputy Greeting. We command you to Attach the Goods or estate of James Apthorp of Boston ...

1 July 176731 July 1767And the said James comes and defends &c., and saith that the said William hath not been damnified by any demand made upon him by Messrs. Trecothick & ...

1 July 176731 July 1767And the said William says that the plea aforsaid pleaded by the said James in manner and form afore pleaded and the matter in the same contained are i...

1 March 176831 March 1768Covenant Broken. Plea. Special Demurrer. 1. 2. 3. 4. Joinder in Demurrer. Auchmuty. 2 Breaches assigned in Declaration by Plaintiff. 1. 2. not indemni...

Bancroft v. Lee1768–1772

1 June 176930 June 1769Bac. 3. 599. Tit. Merchant. “Where a Policy is a perfect Cheat as where a Person, having certain Intelligence that a Ship is lost, insures so much, th...

1 June 177130 June 1771Lowell. Cun. 173. Concealment of Intelligence, a Fraud. Each Party ought to know all the Circumstances. 178.–179. 184. 79 days from Gordon's sailing t...

1 November 177130 November 1771Lowell. 24 or 25 days a Chance. Passages from 17 to 25. Vessell in Time. A fair Chance. Did not mention how long she had been out, nor Howards arrival...

1 November 177230 November 1772Lowell. 25 days a Chance. Judge Hutchinson. The Underwriters charged Lee with concealing some Circumstances—the Arrival of a Vessell—but I cant recoll...

1 November 177230 November 1772Lee—Bancroft. Review. Some Terms agon the parties agreed (Nov. 1771) to make 2 questions—1. Whether the reference to Rowe &ca. can be given in Evidenc...

Crowningshield v. Lee1768–1770

1 November 176930 November 1769Receipt for the Money, “and Costs of Court.” 1762. Aug. 9. Sailing orders. To proceed to Martineco or any other Island—“and sell, at said Island, or a...

Longman v. Mein; Wright & Gill v. Mein1770–1771

7 March 17704 May 1770Sir In order to prevent as much as may be any damage to any of the parties in the said suits or to the Officers who laid the attachments the defendan...

1 January 177131 January 1771The Jury found a Verdict for the Sum sued for. Kent moved that the Verdict should be rejected. I deny'd the Power of the Court to reject it, and said ...

12 February 1771At a Time, when the Barriers against Popery, erected by our Ancestors, are suffered to be destroyed, to the hazard even of the Protestant Religion: Wh...

F. Property

Prout v. Minot1761–1766

1 February 176328 February 1763 Humbly petitioning showeth Timothy Prout of Scarborough in the county of Cumberland Esqr. 1. That well and true it is that the said Timothy on the sa...

1 August 176631 August 1766Fitch. 2 Vernon 539. 540. Payment to Obligee, after Notice of an Assignment is not good. The Assignee alone is entituled to the Money. Choses in Actio...

Keen v. Turner1768–1769

1 July 176831 July 1768Mr. Adams. The grass was good till it was pastured and the bushes grew up; if the mill had not been built, his neglect would have filld up the natural...

1 May 176931 May 1769Keens Witnesses. Ed. Thomas. Known Georges Meadow 30 Years. Carted the Grass 2 Years. It was a very good Piece of fresh Meadow. I went in with a full ...

Clap's Will1767–1768

1 February 175828 February 1758Samuel Clap Testator, left a Grandson Michael Clap, Son of the Eldest Son of the Testator, whose Name was Michael Clap, deceased. Sarah Randall Widow...

Clap v. Randall1769

1 May 176931 May 1769Lex Test., Page 576. Stephens vs. Gerard, 1. Sid. 315. Page 571, Sackville vs. Brown. Page 576, Chadron v. Harris, Noy 12. Leonard. Zechh. Daman. In t...

Hill v. Whiting1770–1772

1 August 177231 August 1772In this Case the Plaintiff has alledged that her Father died seized on the Thirtyeth of the Month. But the Jury have found that he died seised on the ...

1 August 177231 August 1772In the Case of Hill Agt. Whiteing in Ejectment, Whether Hills Father died on the 21st or 30th day of October 1732, He i.e. she is alike intitled to re...

Prescott v. Keep; Prescott v. Priest1771–1776; 1771–1773

1 October 177331 October 1773See 1. Inst. 200 b. to maintain this Action. Litt. §315. Tenants in Common shall have personal Actions jointly. 2 Cro. 231. Some vs. Barwish. They sha...

1 October 177231 October 17721756. Novr. Deed from Jonas Prescott to Jonas Jnr. of Gift. ¼th. 1749. Aug. 17th. from Jonas to Ebenr. ½ of all my Homestead. Free Liberty to pass and...

1 April 177330 April 17738 Mod. page 115, 16. Hardwick's Cases. Gilbert's Hist. of Common Pleas. Dana. Gershorn Fletcher. 55 Years, Prescott the Grandfather of Plaintiffs, hav...

1 April 177330 April 1773Trespass quare clausum fregit—Defendant pleads in abatement that one of the plaintiffs died since the last continuance. Demurer and joinder. Mr. Adams...

Wilkins v. Fuller; Smith v. Fuller1771–1772; 1770–1778

1 June 177130 June 1771June 1771. Wilkins v. Fuller. Trespass on the case for flowing land &c. Motion first day of the term for view by Jury and 4 of them sent. Officer and ...

1 July 177231 July 1772Deed. Wm. Fuller to Jona. Wilkins. Archelaus Fuller. Known the Place there 30 years. Wilkins mowed the Land, 1 or 2 Years. Orchard, runs down to the E...

1 June 177130 June 1771June 1771 Smith and Wilkins v. Fuller. Bacon Trespass 212. Continuando in trespass may be waved and evidence given of any trespass before the action. ...

G. Domestic Relations

Broadstreet v. Broadstreet1771–1774

17 October 1771Godolphin's Repertorium Canonicum 507. “Wife libelled Husband in the Ecclesiastical Court for Alimony because he beat her so as she could not live wit...

Dougherty v. Little1768

1 March 176831 March 1768Sewall. Dougherty at Newfoundland, 3 Years, Little breakfasted dined suppd and lodgd there. Lodgd with her, got her with Child, and was seen in the Ac...

H. Administrative Law

Roxbury v. Boston1766

1 August 176631 August 1766Fitch. 1st Question whether Appeal will lie? Page 33 of temporary Acts. Art —. Otis. Case of Barnstable vs. Bodfish. June 1747, in Sessions. Superior ...

Plympton v. Middleboro1766

1 October 176631 October 1766Benja. Shurtliff. Deer. 21st 1753. Marshall went from Plympton to Middleborough. Josa. Marshall. 25 Aug. 1747 came to Plympton first, to 10 Novr. 1753...

1 October 176631 October 1766Warninig. Shurtleffe. J. Marshall went from Plympton to Middleborough 21. Dec. 1753. Mr. Josiah Marshal. Came to Plympton Augt. 1747 till 20th Novr. 1...

Chelsea v. Boston1769

1 April 176930 April 1769 Humbly Shew Thomas Pratt, Gentleman, Samuel Sprague, Yeoman, Samuel Serjeant, Gentleman, Samuel Watts Jnr, Gentleman, Samuel Pratt, Gentleman, all of...

Brookline v. Roxbury1767–1772

1 November 176830 November 1768A great Number of Questions arise upon this Petition. 1 st. Whether a Justice of the Peace, can by Law, issue a Warrant for the Removal of a Pauper, f...

1 November 176830 November 1768Prov. Law. Page 23. Names returned. 2. Salk. 482. Anonimous. 3 Men and families. 2 Salk 485. Sylvanus Johnson. Foleys Poor Laws 427. Lenham vs. Peckha...

1 November 176830 November 1768 The Petition of the Selectmen of the Town of Brookline in the county of Suffolk, setting forth that on the thirtieth day of January 1767 the worshipf...

8 November 176831 January 17691767Dr. Jan. 30To Isaac Gardner Esqr. for boarding Jno. Shattuck and wife 3 days to two mens watching and Attendance18 Feby.To 2 days spent upon said ...

27 July 1769 To our trusty and well beloved Samuel Welles Esqr. first Justice of our Court of General Sessions of the peace for the said county, Greeting. Willing...

1 March 177031 March 1770In the Case of the Select-Men of the Town of Brooklyn against the Town of Roxbury heard and adjudged at the Court of General Ses­sions of the Peace he...

3 April 1770 You are hereby notified that by his Majestys Writ of Certiorari bearing Test the 27th. day of July last, the Record of the Process Order and Sentence...

Essane v. Dotey1767–1768

6 July 1769Plymouth Ss. The Information of Jane Doty now Residing in Duxborough single woman taken before me Gamaliel Bradford Esqr. one of his Majestys Justices...

1 December 176931 December 1769Plymouth Ss. At his Majesty's court of general sessions of the peace, began and held at Plymouth within and for the county of Plym­outh on the second ...

1 April 176830 April 1768In the Case of Jane Dotey vs. Manuel Essane heard and adjudged at the Court of General Sessions of the Peace held at Plymouth within and for the Count...

1 May 176831 May 1768Order'd that the aforesaid Judgment and proceedings of the Court of General Sessions of the peace be quash'd—1st. Because it doth not appear in the Re...

Gage v. Headley1768

1 September 176830 September 1768Sarah Garfield. Deacon Farrar. Last of Deer. It is Josiah Headleys. The next Saturday, she said she was sorry she had told me what she did. Not becaus...

Josselyne v. Harrington1769–1771

1 September 176930 September 1769 At a Court of General Sessions of the Peace begun and Held at Concord within and for the County of Middlesex on the Second Tuesday of September being...

1 October 176930 November 1769In the Case of Ann Jocelin against John Harrington heard and Adjudged at the Court of General Sessions of the Peace held at Concord within and for the...

1 April 177130 April 1771Putnam. C.J. If there is other Evidence of Circumstances that tend to render it probable, will not that answer the End of that Prerequisite, of Examin...

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