Jackson v. Stevens
Massachusetts Supreme Judicial Court
Contract for money had and received. The bill of particulars was for a balance of cash “ received of Smith & Wilson by the defendant for land s,old by the plaintiff to them, called the Davis wood-lot, held by the defendant for the plaintiff as security for debt.”
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Contract for money had and received. The bill of particulars was for a balance of cash “ received of Smith & Wilson by the defendant for land s,old by the plaintiff to them, called the Davis wood-lot, held by the defendant for the plaintiff as security for debt.” At the trial in the superior court, before Brigham, C. J., the plaintiff testified “that he ascertained that he could purchase the wood-lot in question upon favorable terms, but not having the money to pay for it he applied to the defendant for a loan of $1500 ; that the defendant consented to make the loan, provided the plaintiff…
1Opinion of the CourtWells, J.
Under the instructions given to the jury, their verdict must be taken to have established three facts: 1. That the land was purchased by or for the plaintiff. 2. That the purchase money paid was the money of the plaintiff; having been borrowed by him for that purpose from the defendant. 3. That the deed was taken to the defendant as security for that loan. These facts constitute a resulting trust.
So long as the trust remained unexecuted, it could be enforced only in equity. But it has been executed by a sale and conveyance of the land. The debt to the defendant and his expenses having been…
2Cited by14 opinions
- McDonough v. O'NielMassachusetts Supreme Judicial Court · 1873
- Gerace v. GeraceMassachusetts Supreme Judicial Court · 1938
- Kinert v. WrightCalifornia Court of Appeal · 1947
- Brown v. CowellMassachusetts Supreme Judicial Court · 1875
- Southwick v. SpevakMassachusetts Supreme Judicial Court · 1925
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