Massachusetts Supreme Judicial Court March 15, 1817 (Wyman v. President of Hallowell & Augusta Bank)

Parker, C. J.,

delivered the opinion of the Court. This case is to be considered without reference to any particular form of action, so that if a declaration in assumpsit could be formed, which could be supported by the evidence offered by the plaintiff at the trial, giving it its utmost weight, and without regard to any evidence of a contrary tendency, which the defendants might be in possession