Nunes v. Perry
Massachusetts Supreme Judicial Court
Contract for money had and received by the defendant to the plaintiff’s use, upon a draft drawn by Wells, Fargo & Co., and payable to the plaintiff: It appeared at the trial in the Superior Court, before Devens, J., that the draft in question was sent from San Francisco by the plaintiff’s brother Manuel, inclosed in a letter directed to the plaintiff and to the care of the defendant.
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Contract for money had and received by the defendant to the plaintiff’s use, upon a draft drawn by Wells, Fargo & Co., and payable to the plaintiff: It appeared at the trial in the Superior Court, before Devens, J., that the draft in question was sent from San Francisco by the plaintiff’s brother Manuel, inclosed in a letter directed to the plaintiff and to the care of the defendant. When the letter reached the defendant’s house in New Bedford, the plaintiff, who had been staying there, had gone to sea on a whaling voyage. There was evidence that the defendant opened the letter, took…
1Opinion of the CourtWells, J.
The proposition, which the defendant undertook to maintain, was that he had been authorized by Manuel Nunes to appropriate as he did the money for which the draft had been sent to his care for the plaintiff. To do this required proof of the genuineness of the signature of Manuel’s name to two letters, said to have been received from him by a sister of Manuel and the plaintiff, subsequently to that inclosing the draft. Apparently the only proof offered was the testimony of the defendant himself.
The defendant indeed relies upon the internal evidence furnished by the contents of the letters…
2Cases cited6 opinions
- Presbrey v. Old Colony & Newport Railway Co.Massachusetts Supreme Judicial Court · 1869
- Commonwealth v. CharlesMassachusetts Supreme Judicial Court · 1870
- Lawton v. ChaseMassachusetts Supreme Judicial Court · 1871
- Commonwealth v. MorrellMassachusetts Supreme Judicial Court · 1868
- McKeone v. BarnesMassachusetts Supreme Judicial Court · 1871
1 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Commonwealth v. PurdyMassachusetts Supreme Judicial Court · 2011
- Noyes v. NoyesMassachusetts Supreme Judicial Court · 1916
- Rubin v. Town of ArlingtonMassachusetts Supreme Judicial Court · 1951
- Perkins v. StickneyMassachusetts Supreme Judicial Court · 1882
- Stevens v. City of MinneapolisSupreme Court of Minnesota · 1889
17 more not listed; retrieve them via the Exa API.