Brigham v. Eveleth
Massachusetts Supreme Judicial Court
The declaration, which was in case, contained two counts. The first was indebitatus assumpsit for money had and received by the defendant to the use of the plaintiff. The second was upon a promise to render a reasonable account of the earnings of a machine for raising mud, owned in equal moieties by the plaintiff and defendant, and to pay over one half of the net balance to the plaintiff on demand, with averments of earnings made and received by the defendant.
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The declaration, which was in case, contained two counts. The first was indebitatus assumpsit for money had and received by the defendant to the use of the plaintiff. The second was upon a promise to render a reasonable account of the earnings of a machine for raising mud, owned in equal moieties by the plaintiff and defendant, and to pay over one half of the net balance to the plaintiff on demand, with averments of earnings made and received by the defendant. At the trial of the action, which was had on the general issue, before Sewall, J., at the last November term in this county, the…
1Opinion of the Court
By the Court.
It has been objected to the plaintiff’s right to recover in this action, that he was not entitled to receive any portion of the earnings or profits of the * machine, until the expiration of two years from the date of the bill of sale : and the letter of li-ense, executed by the plaintiff, with other creditors of the defendant, was urged in support of the objection. But that instrument was not intended to apply to these earnings, which were a new cause of action, not within the covenants in the letter of license. We think, therefore, that the plaintiff is entitled to his action,…
2Cases cited1 opinion
- Gardner v. BarkerMassachusetts Supreme Judicial Court · 1815
3Cited by21 opinions
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- Wilby v. PhinneyMassachusetts Supreme Judicial Court · 1818
- Clarke v. MillsSupreme Court of Kansas · 1887
- Gillis v. M'KinneySupreme Court of Pennsylvania · 1843
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