Foster v. Jones
Massachusetts Supreme Judicial Court
Assumpsit for money had and received. The action was submitted to the opinion of the Court on the following facts agreed bt the parties • — In September, 1812, the plaintiff, with Robert Foster and William Godfrey, were justly indebted to the defendant and one Howe in a large sum of money, which was secured by the promissory note of the plaintiff and the said Robert and William; and, on the 15th of that month, the defendant received from the plaintiff 120 dollars, to be…
Read the full summary
Assumpsit for money had and received. The action was submitted to the opinion of the Court on the following facts agreed bt the parties • — In September, 1812, the plaintiff, with Robert Foster and William Godfrey, were justly indebted to the defendant and one Howe in a large sum of money, which was secured by the promissory note of the plaintiff and the said Robert and William; and, on the 15th of that month, the defendant received from the plaintiff 120 dollars, to be credited on said note, and gave his receipt for the same; but neglected to see it endorsed on said note, and said Howe…
1Opinion of the CourtWilde, J.
The defendant, having been adjudged trustee under process of foreign attachment, and having paid the plaintiff’s demand on execution, is discharged therefrom by the express words of the statute. The validity and propriety of the judgment in the trustee process, supposing it to have been erroneous, cannot be questioned in the present action.
Then, the only question is as to costs; in respect to which it has been urged that the plaintiff ought to recover, since it is admitted that he had good cause of action at the commencement of the pres-: ent suit. But, by suffering the trustee process to…
2Cases cited4 opinions
- Minot v. PrescottMassachusetts Supreme Judicial Court · 1782
- Howell v. FreemanMassachusetts Supreme Judicial Court · 1807
- Commonwealth v. Inhabitants of RoxburyMassachusetts Supreme Judicial Court · 1812
- Locke v. TippetsMassachusetts Supreme Judicial Court · 1810
3Cited by10 opinions
- Howell v. FreemanMassachusetts Supreme Judicial Court · 1807
- Sharp v. ClarkMassachusetts Supreme Judicial Court · 1806
- Trowbridge & Jennings v. MeansSupreme Court of Arkansas · 1843
- Kidd v. ShepherdMassachusetts Supreme Judicial Court · 1808
- Eunson v. HealyMassachusetts Supreme Judicial Court · 1806
5 more not listed; retrieve them via the Exa API.