Manufacturers' National Bank v. Perry
Massachusetts Supreme Judicial Court
Contract for money had and received, with interest. Trial in the Superior Court, without a-jury, before Bacon, J„ who found for the plaintiff; and the defendant alleged exceptions. The facts appear in the opinion.
1Opinion of the CourtMorton, C. J.
On February 24, 1879, the plaintiff, by mistake, overpaid to the defendant, on a check drawn by him, the sum of $200. A right of action then accrued to the plaintiff to recover it back. The writ in this case is dated December 4, *3141885, and therefore the action is barred by the statute of limitations, unless the defendant fraudulently concealed the cause of action from the plaintiff. Pub. Sts. c. 197, § 14. But the evidence is clear and decisive that there was such a fraudulent concealment. It shows that the overpayment was made to one Harper, a cleric of the defendant; that, upon his…
2Cases cited1 opinion
- Atlantic National Bank v. HarrisMassachusetts Supreme Judicial Court · 1875
3Cited by19 opinions
- Bates v. PrebleSupreme Court of the United States · 1894
- Stetson v. FrenchMassachusetts Supreme Judicial Court · 1947
- Brookshire v. BurkhartSupreme Court of Oklahoma · 1929
- Crocker v. Townsend Oil Co.Massachusetts Supreme Judicial Court · 2012
- Connelly v. BartlettMassachusetts Supreme Judicial Court · 1934
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