Manufacturers' & Mechanics' Bank v. Gore
Massachusetts Supreme Judicial Court
Assumpsit for money had and received, money lent and accommodated, &c. The habits of business of these defendants are stated in the report of the preceding case.
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Assumpsit for money had and received, money lent and accommodated, &c. The habits of business of these defendants are stated in the report of the preceding case. In addition to the facts recited in that report, it appeared, in the trial of this action before Jackson, J., at the last November term in this county, that the defendants had an account open at the plaintiffs’ bank, and kept their cash there ; but Grafton always attended to that part of the business, and drew all checks for money on the bank. Gore professed not to take any charge of that part of the business, nor to know, from time…
1Opinion of the Court
Parker, C. J.,
delivered the opinion of the Court. — We think the principle, that when, by means of a felony, one has been deprived of his property, the civil remedy is merged in the felony, if existing in full force in this country, in the manner laid down in some of the English authorities, does not apply to this action; which is not founded upon a felony, but upon a common contract for the loan of money, in which the lender has been deceived by the borrower, and deprived of the security upon which the loan was assented to. How far the principle may be applicable to a different class of…
2Cases cited2 opinions
- Young v. AdamsMassachusetts Supreme Judicial Court · 1810
- President of the Salem Bank v. President of the Gloucester BankMassachusetts Supreme Judicial Court · 1820
3Cited by18 opinions
- Watson's Executors v. McLarenNew York Supreme Court · 1838
- Pierce v. JacksonMassachusetts Supreme Judicial Court · 1810
- Pharr v. BachelorSupreme Court of Alabama · 1841
- Galloway v. HolmesMichigan Supreme Court · 1844
- Bradford v. MarburySupreme Court of Alabama · 1847
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