Jefts v. York
Massachusetts Supreme Judicial Court
Assumpsit upon the money counts, with a specification of claim, under the count for money had and received, for one hundred dollars and interest, which the female plaintiff while sole, by the name of Betsey Tilton, advanced to the defendant, October 14, 1842. At the trial in the court of common pleas, before Mellen, J. the plaintiffs produced and relied upon a note, of the following tenor: "Lowell, October 14, 1842. $100. For value received, the pastor and deacons of the…
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Assumpsit upon the money counts, with a specification of claim, under the count for money had and received, for one hundred dollars and interest, which the female plaintiff while sole, by the name of Betsey Tilton, advanced to the defendant, October 14, 1842. At the trial in the court of common pleas, before Mellen, J. the plaintiffs produced and relied upon a note, of the following tenor: "Lowell, October 14, 1842. $100. For value received, the pastor and deacons of the First Freewill Baptist Church in Lowell, in behalf of said church, promise to pay Betsey Tilton, or her order, the sum of…
1Opinion of the CourtShaw, C. J.
We suppose this is the same case in which a new trial was formerly ordered, which is reported in 4 Cush. 371. The object of this suit is to charge the defendant personally, in consequence of his having received of the female plaintiff, whilst sole, the sum of $100, by way of gift, deposit or loan, for the Freewill Baptist Society, upon which he gave her a note or memorandum in writing, as stated in the report referred to. We say gift or loan, because, by the terms of the note, it was only to be paid, if called for.
The former decision only determined that, by the law of Massachusetts, contrary…
2Cited by2 opinions
- Stiteler v. DitzenbergerSuperior Court of Pennsylvania · 1911
- Simpson v. KerkeslagerSuperior Court of Pennsylvania · 1909