Minchin v. Minchin
Massachusetts Supreme Judicial Court
Contract, for money had and received. At the trial in the Superior Court, before Thompson, J., the jury returned a verdict for the plaintiff; and the defendant alleged exceptions, which appear in the opinion. The case was argued at the bar in March, 1892, and afterwards was submitted on the briefs to all the judges.
1Opinion of the CourtField, C. J.
The defendant objects that the case proved at the trial differed in some respects from the statement of the case made by the plaintiff’s counsel in his opening, but we do not see that the evidence admitted was inconsistent with the case stated in the opening, and if it were, this would not be a ground of exception if the evidence was competent under the pleadings.
The written paper was under seal and was signed by the plaintiff, and it purports to convey the money sued for absolutely to John Minchin, who was the defendant, and the executrix of *266whose will defends the suit, he having died. The…
2Cases cited13 opinions
- Campbell v. DearbornMassachusetts Supreme Judicial Court · 1872
- Barry v. . LambertNew York Court of Appeals · 1885
- Davis v. CoburnMassachusetts Supreme Judicial Court · 1880
- Thomas v. MerryIndiana Supreme Court · 1888
- Chace v. ChapinMassachusetts Supreme Judicial Court · 1881
8 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Currier v. StudleyMassachusetts Supreme Judicial Court · 1893
- Montuori v. BailenMassachusetts Supreme Judicial Court · 1935
- Stevens v. WileyMassachusetts Supreme Judicial Court · 1896
- Simmons v. BarnsMassachusetts Supreme Judicial Court · 1928
- Henchey v. HencheyMassachusetts Supreme Judicial Court · 1896
9 more not listed; retrieve them via the Exa API.