Crandell v. White
Massachusetts Supreme Judicial Court
Contract against Fred M. White and Charles L. Tibbetts, partners under the name of F. M. White and Company, and Herbert Wonson, to recover $11,800, alleged to have been paid first to Wonson, the plaintiff’s agent, who afterwards paid it over to White.
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Contract against Fred M. White and Charles L. Tibbetts, partners under the name of F. M. White and Company, and Herbert Wonson, to recover $11,800, alleged to have been paid first to Wonson, the plaintiff’s agent, who afterwards paid it over to White. The plaintiff sought to recover under St. 1890, c. 437, entitled “ An Act relative to wagering contracts in securities and commodities ” ; and the declaration contained eighteen counts, the fourth of which was for money had and received. At the trial in the Superior Court, before Bond., J., there was nothing to show that Tibbetts was a partner…
1Opinion of the CourtMorton, J.
1. The plaintiff was allowed to go to the jury only upon the fourth count, which was for money had and received ; and the first question is one of pleading. At the conclusion of the evidence, the defendant White asked the court to rule that the count did not come within St. 1890, c. 437, and that the plaintiff could not recover. The court refused the ruling, and the defendant duly excepted. The statute, on which this action is based, provides in § 2: “ Whoever contracts to buy or sell upon credit or upon margin any securities or commodities having at the time of contract no intention to…
2Cases cited2 opinions
- Holmes v. HuntMassachusetts Supreme Judicial Court · 1877
- Rogers v. Inhabitants of NewburyMassachusetts Supreme Judicial Court · 1870
3Cited by14 opinions
- Duggan v. Bay State Street Railway Co.Massachusetts Supreme Judicial Court · 1918
- Commonwealth v. SmithMassachusetts Supreme Judicial Court · 1896
- Willcox v. EdwardsCalifornia Supreme Court · 1912
- Wilson v. HeadMassachusetts Supreme Judicial Court · 1904
- Anderson v. Metropolitan Stock ExchangeMassachusetts Supreme Judicial Court · 1906
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