McCabe v. Maguire
Massachusetts Supreme Judicial Court
Contract against a deputy sheriff for money had and received from the sale of property of the plaintiff attached by the defendant and sold by agreement, the plaintiff subsequently having obtained judgment as defendant in the action in which the attachment was made.
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Contract against a deputy sheriff for money had and received from the sale of property of the plaintiff attached by the defendant and sold by agreement, the plaintiff subsequently having obtained judgment as defendant in the action in which the attachment was made. Writ in the Municipal Court of the City of Boston dated October 9, 1901. In the Superior Court, to which the case came by appeal, Mason, C. J. refused to rule that, contract for money had and received would not lie against the defendant for a refusal to return to the plaintiff the proceeds from the sale of the attached property. He…
1Opinion of the CourtHolmes, C. J.
So far as appears, the defendant may have had the money in his possession or control at the time of the demand upon him. He must be assumed to have had it, in view of the finding for the plaintiff. If he had had the chattels originally attached and had refused to deliver them on demand, he would have been liable in tort for a conversion. Appleton v. Bancroft, 10 Met. 231, 236. Under circumstances like the present, one remedy at least for the conversion of money not in a bag is money had and received. See Allen v. Wright, 134 Mass. 347, 350; Chapman v. Cole, 12 Gray, 141,143 ; (Pitlock v.…
2Cases cited3 opinions
- Draper v. ArnoldMassachusetts Supreme Judicial Court · 1815
- Allen v. WrightMassachusetts Supreme Judicial Court · 1883
- Pitlock v. Wells, Fargo & Co.Massachusetts Supreme Judicial Court · 1872
3Cited by5 opinions
- Gormley v. DangelMassachusetts Supreme Judicial Court · 1913
- Devlin v. HoughtonMassachusetts Supreme Judicial Court · 1909
- Titcomb v. Bay State Grocery Co.Massachusetts Supreme Judicial Court · 1926
- Kelly v. BairdNorth Dakota Supreme Court · 1934
- Kelly v. BairdNorth Dakota Supreme Court · 1934