Earle v. Whiting
Massachusetts Supreme Judicial Court
Contract with a second count for money had and received by the defendant’s testatrix to the use of the plaintiff, and a count in tort for the conversion of money. Writ in the Superior lourt for the county of Worcester dated March 16, 1906. - At the trial, which was before Aiken, C. J.,. without a jury, the plaintiff waived the count in tort, and the presiding judge found for him on the second count, subject to exception by the defendant. The facts are stated in the opinion.
1Opinion of the CourtMorton, J.
The only question in this case is whether the court should have ruled as requested by the defendant that there was not sufficient evidence to warrant a finding for the plaintiff on the second count, which was for money had and received by the defendant’s testatrix to the plaintiff’s use. The only evidence in the case was the auditor’s report. The auditor found in substance that the plaintiff, who was blind, received in June, 1904, $500 from one Bassett in payment of the balance due oil *372a mortgage, and handed it to his daughter, the defendant’s testatrix, directing her to deposit it for him in…
2Cases cited4 opinions
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- Henchey v. HencheyMassachusetts Supreme Judicial Court · 1896
- Sullivan v. SheehanMassachusetts Supreme Judicial Court · 1899
3Cited by10 opinions
- Lydia E. Pinkham Medicine Co. v. GoveMassachusetts Supreme Judicial Court · 1939
- Childs, Jeffries & Co. v. BrightMassachusetts Supreme Judicial Court · 1933
- Gormley v. DangelMassachusetts Supreme Judicial Court · 1913
- Wagener v. United States Nat. BankOregon Supreme Court · 1912
- Bright v. American Felt Co.Massachusetts Supreme Judicial Court · 1961
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