Jones v. McDermott
Massachusetts Supreme Judicial Court
Contract for money had and received by the defendant to the use of the plaintiff. Writ dated June 18, 1872. The answer was a general denial and the statute of limitations.
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Contract for money had and received by the defendant to the use of the plaintiff. Writ dated June 18, 1872. The answer was a general denial and the statute of limitations. At the trial in the Superior Court, before Dewey, J., the plaintiff introduced evidence, that November 20 and 23,1865, he gave to his daughter, Olive J. McDermott, the defendant’s wife, in the defendant’s presence, two sums of money, amounting to about $560; that it was agreed between the plaintiff and Olive that she should take care of the money for him; that whenever he wanted money, he should call for it, and she would…
1Opinion of the CourtDevens, J.
The ruling of the court at the trial is objected to on the ground that there was no sufficient evidence in law that the money paid to the defendant’s wife ever came into his possession, and no evidence that the same was by her delivered to the defendant to be deposited for the benefit of the plaintiff. The evidence on behalf of the plaintiff proved, if believed, that on the 20th and 23d of November, 1865, he delivered to Olive J. Mc-Dermott, who was his daughter, and the wife of the defendant, two sums, amounting in the aggregate to $560; that it was agreed between the plaintiff and Olive…
2Cited by15 opinions
- Lufkin v. JakemanMassachusetts Supreme Judicial Court · 1905
- Greenfield Savings Bank v. AbercrombieMassachusetts Supreme Judicial Court · 1912
- Reynolds v. SumnerIllinois Supreme Court · 1888
- Potter v. KimballMassachusetts Supreme Judicial Court · 1904
- Schmidt v. SchmidtMassachusetts Supreme Judicial Court · 1914
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