Earle v. De Witt
Massachusetts Supreme Judicial Court
Contract to recover back money paid by the plaintiff to the defendant. At the trial in this court, before Merrick, J., it appeared that on the 24th of July 1858 the defendant purchased at auction of William M. Bickford and Fitzroy Willard, who claimed and were believed by all the parties to be the assignees of Henry D. Stone, an insolvent debtor, certain factory property, real and personal, in North Oxford, formerly belonging to Stone, and consisting of woollen and cotton…
Read the full summary
Contract to recover back money paid by the plaintiff to the defendant. At the trial in this court, before Merrick, J., it appeared that on the 24th of July 1858 the defendant purchased at auction of William M. Bickford and Fitzroy Willard, who claimed and were believed by all the parties to be the assignees of Henry D. Stone, an insolvent debtor, certain factory property, real and personal, in North Oxford, formerly belonging to Stone, and consisting of woollen and cotton mills and machinery, for the sum of $3200; and on the 26th of the same July, Bickford and Willard executed a deed of…
1Opinion of the CourtChapman, J.
This action is brought to recover back money paid by the plaintiff to the defendant, on the ground that there has been a failure of consideration. The plaintiff took from the defendant a quitclaim deed of “ all the right, title and interest in one undivided half of the real and personal estate in Oxford, formerly belonging to Henry D. Stone, of Worcester, this day conveyed to me by William M. Bickford and Fitzroy Willard, as assignees of said Stone, which I have under and by virtue of said deed from said Bickford and Willard.” Then follows a covenant of warranty against all persons claiming…
2Cases cited8 opinions
- Kimball v. CunninghamMassachusetts Supreme Judicial Court · 1808
- Conner v. HendersonMassachusetts Supreme Judicial Court · 1818
- Abbott v. AllenNew York Court of Chancery · 1817
- Frost v. RaymondNew York Supreme Court · 1804
- Inhabitants of Lancaster v. PopeMassachusetts Supreme Judicial Court · 1804
3 more not listed; retrieve them via the Exa API.