Garland v. President, Directors, & Co.
Massachusetts Supreme Judicial Court
Assumpsit for 1600 dollars, money had and received by the defendants to the use of the plaintiff. The action was tried upon the general issue, at the sittings in this place, after the last November term, before Sewall, J. The plaintiff proved the payment by himself, at the Salem Bank, to the cashier thereof, of the sum of 1507 dollars, the amount of a note deposited at the said bank by Amos Honey, to be collected for the account and use of Thomas Cross, of Portland ; which…
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Assumpsit for 1600 dollars, money had and received by the defendants to the use of the plaintiff. The action was tried upon the general issue, at the sittings in this place, after the last November term, before Sewall, J. The plaintiff proved the payment by himself, at the Salem Bank, to the cashier thereof, of the sum of 1507 dollars, the amount of a note deposited at the said bank by Amos Honey, to be collected for the account and use of Thomas Cross, of Portland ; which note the plaintiff then took up and received from the bank; and the sum so paid was placed to the credit of the said…
1Opinion of the Court
By the Court.
Upon the facts in this case, it is our opinion that the plaintiff was under no legal obligation to pay the money which he did in discharge of the note, which he had endorsed; as there had been no regular demand upon the maker. He paid the money under a misapprehension of the facts, as well as a mistake of the law.
It is true that the defendants acted in the character of agent for Cross, the holder of the note ; but before they had done any thing more than pass the amount received to the credit of Cross, they were informed that the plaintiff claimed the money to be repaid to him.
Jud…
2Cited by35 opinions
- Dresser v. Missouri & Iowa Railway Construction Co.Supreme Court of the United States · 1876
- Morrow Shoe Manuf'g Co. v. New England Shoe Co.Court of Appeals for the Seventh Circuit · 1893
- Alexander v. CoyneSupreme Court of Georgia · 1915
- Commonwealth v. Reading Savings BankMassachusetts Supreme Judicial Court · 1882
- Eagan v. Ætna Fire & Marine InsuranceWest Virginia Supreme Court · 1877
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