Adams v. Scott
Massachusetts Supreme Judicial Court
Contract on a promissory note. The principal defendant, whose residence was at Norwich in Connecticut, appeared, answered, and filed a declaration in set-off. The parties summoned as trustees were an express company. In the superior court, “ upon motion to charge them as trustees, it appeared that they as common carriers had taken a package securely sealed up, containing money, and directed to a person of the same name as the defendant at Norwich, Connecticut.
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Contract on a promissory note. The principal defendant, whose residence was at Norwich in Connecticut, appeared, answered, and filed a declaration in set-off. The parties summoned as trustees were an express company. In the superior court, “ upon motion to charge them as trustees, it appeared that they as common carriers had taken a package securely sealed up, containing money, and directed to a person of the same name as the defendant at Norwich, Connecticut. The plaintiff filed allegations that the person to whom the package was addressed was in fact the principal defendant, and that the…
1Opinion of the CourtMorton, J.
The answers of the trustees disclose that they have in their possession á package supposed to contain money, sealed up and directed to a person of the same name as the defendant at Norwich, Connecticut. Upon the trial of an issue upon additional allegations filed by the plaintiff, it was proved that the person to whom the package was addressed was in fact the defendant; that the package contained money; and that it was the property of the defendant when it was intrusted to the trustees and when the process was served upon them. The case thus differs from Bottom v. Clarke, 7 Cush. 487, in…
2Cases cited1 opinion
- Whipple v. RobbinsMassachusetts Supreme Judicial Court · 1867
3Cited by19 opinions
- Bates v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1884
- Jordan v. LavinMassachusetts Supreme Judicial Court · 1946
- Rosenbush v. BernheimerMassachusetts Supreme Judicial Court · 1912
- Tillinghast v. JohnsonSupreme Court of Rhode Island · 1912
- Brown v. Floersheim Mercantile Co.Massachusetts Supreme Judicial Court · 1910
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