Stuart v. Sears
Massachusetts Supreme Judicial Court
Contract by Charles H. Stuart, John H. Snow and Ether S, Foss, partners under the firm name of Stuart, Snow & Foss, to recover $1000 for work done and materials furnished by the plaintiffs for the defendant. The declaration also contained a count for the same amount, as money had and received by the defendant to the plaintiffs’ use, and a count setting forth substantially the facts which appear in the evidence introduced by the plaintiffs.
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Contract by Charles H. Stuart, John H. Snow and Ether S, Foss, partners under the firm name of Stuart, Snow & Foss, to recover $1000 for work done and materials furnished by the plaintiffs for the defendant. The declaration also contained a count for the same amount, as money had and received by the defendant to the plaintiffs’ use, and a count setting forth substantially the facts which appear in the evidence introduced by the plaintiffs. At the trial in the Superior Court, before Wilkinson, J., the evidence on the part of the plaintiffs tended to prove that the defendant was liable to pay,…
1Opinion of the CourtGray, C. J.
The instructions to the jury were in exact accordance with the well settled law. If the sum now sued for was allowed in the settlement between the parties, without fraud, by way of compromise of a doubtful claim, it could not be recovered back; but if it was paid by the plaintiffs, relying upon erroneous vouchers produced by the defendant at the time of the settlement, it might, even if there was no fraud, be recovered back as money paid by mistake. Riggs v. Hawley, 116 Mass. 596, 598. Merchants’ National Bank v. National Eagle Bank, 101 Mass. 281, 285. Paige v. Sherman, 6 Gray, 511. Union…
2Cases cited3 opinions
- Merchants' National Bank v. National Eagle BankMassachusetts Supreme Judicial Court · 1869
- President of the Union Bank v. President of the Bank of the United StatesMassachusetts Supreme Judicial Court · 1807
- Riggs v. HawleyMassachusetts Supreme Judicial Court · 1875
3Cited by12 opinions
- Merchants' Insurance Co. of Providence v. AbbottMassachusetts Supreme Judicial Court · 1881
- Montgomery Door & Sash Co. v. Atlantic Lumber Co.Massachusetts Supreme Judicial Court · 1910
- Union Central Life Ins. Co. v. GlasscockCourt of Appeals of Kentucky (pre-1976) · 1937
- Flynn v. ColbertMassachusetts Supreme Judicial Court · 1925
- Brown v. District of ColumbiaUnited States Court of Claims · 1881
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