Davis v. Coburn
Massachusetts Supreme Judicial Court
Contract by the administrator of the estate of Frederick A. Coburn. Writ dated February 26, 1877. The declaration contained three counts. The first count was for money had and received to the use of the plaintiff’s intestate.
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Contract by the administrator of the estate of Frederick A. Coburn. Writ dated February 26, 1877. The declaration contained three counts. The first count was for money had and received to the use of the plaintiff’s intestate. The second count alleged that the intestate in 1851 sent from California to the defendant the sum of $2000; that the defendant received the same, and agreed to invest it for the use of the intestate, and afterwards did invest it for the use of the intestate and received interest thereon; that the plaintiff was duly appointed administrator of his intestate’s estate and…
1Opinion of the CourtSoule, J.
This case comes to us on exceptions to rulings of the judge before whom it was tried in the Superior Court, on certain matters of law. His findings of fact are not open to revision, but are conclusive; and we cannot consider the question whether they are warranted by the evidence before him and not reported to us.
*380It was found in the Superior Court that the money, for which with its accumulations, the plaintiff sues, was sent to the defendant to keep and invest for the plaintiff’s intestate. It was found, therefore, that it came to the defendant’s hands, under an express trust. It remained in…
2Cases cited3 opinions
- Johnson v. JohnsonMassachusetts Supreme Judicial Court · 1876
- Childs v. JordanMassachusetts Supreme Judicial Court · 1871
- Perry v. PorterMassachusetts Supreme Judicial Court · 1877
3Cited by48 opinions
- Dodge v. Anna Jaques HospitalMassachusetts Supreme Judicial Court · 1938
- Glover v. Waltham Laundry Co.Massachusetts Supreme Judicial Court · 1920
- Greenfield Savings Bank v. AbercrombieMassachusetts Supreme Judicial Court · 1912
- Akin v. WarnerMassachusetts Supreme Judicial Court · 1945
- Doyle v. BurnsSupreme Court of Iowa · 1904
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