Taylor v. Savage
Massachusetts Supreme Judicial Court
Indebitatus assumpsit for money paid by the plaintiff for the use of the defendant ; and for money had and received by the defendant for the use of the plaintiff.
Read the full summary
Indebitatus assumpsit for money paid by the plaintiff for the use of the defendant ; and for money had and received by the defendant for the use of the plaintiff. The cause came before the Court upon a statement of facts made by the parties, and an agreement therein, that the Court should decide whether the plaintiff was entitled to recover any thing upon the facts stated in any form of action of trespass upon the case, and, if any thing, to what amount; and, as the opinion of the Court should be, the defendant was to be defaulted, or the plaintiff become non suit; and judgment be rendered in…
1Opinion of the CourtParker, C. J.
Upon the facts stated by the parties in this case, the plaintiff considers himself entitled to the whole amount of the bonds paid by him, together with the costs of the suits against him, on the ground, that the defendant, either by the agreement with Shaw to allow the same out of the demand of Barker & Bridge, or by the covenant made with the creditors of Rice fy Savage, in consideration of the property retained as stated in the case, had become virtually the principal m the bonds ; and that a promise in law arises from this obligation, that he would pay them, and indemnify the plaintiff.
The…
2Cases cited4 opinions
- Hayes v. WardNew York Court of Chancery · 1819
- Campbell v. MesierNew York Court of Chancery · 1819
- Johnson v. JohnsonMassachusetts Supreme Judicial Court · 1814
- Briggs v. President of the Nantucket BankMassachusetts Supreme Judicial Court · 1809
3Cited by10 opinions
- Bagott v. MullenIndiana Supreme Court · 1869
- Horn v. BrayIndiana Supreme Court · 1875
- Jones v. ShorterSupreme Court of Georgia · 1846
- Snelling v. State Street Bank & Trust Co.Massachusetts Supreme Judicial Court · 1970
- Dullnig v. Weekes, McCarthy & Co.Court of Appeals of Texas · 1897
5 more not listed; retrieve them via the Exa API.