Crafts v. Belden
Massachusetts Supreme Judicial Court
Tort, with a count in contract, by the assignee of Alvin N. Claghorn, an insolvent debtor. Writ dated October 26,1867; and real estate attached thereon.
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Tort, with a count in contract, by the assignee of Alvin N. Claghorn, an insolvent debtor. Writ dated October 26,1867; and real estate attached thereon. The declaration contained three counts, for the same cause of action ; the first for the conversion of an undivided half of 24,794 lbs. of tobacco, of the property of Claghorn; the second on an account annexed for money had and received to Claghorn’s use, being the price of 12,397 lbs. of tobacco at fifteen cents per pound, on February 25, 1866, with interest from that date; the third alleging that Claghorn and the defendant “ were tenants in…
1Opinion of the CourtFoster, J.
The fact that counts in contract and tort were united in this declaration in the manner permitted by the practice act, Gen. Sts. c. 129, § 2, cl. 5, cannot be deemed to be a waiver of the right of the plaintiff, as assignee in insolvency, te rescind the sale as fraudulent against the insolvent laws. If *539such could ever be the effect of the method of pleading adopted, which we do not intimate, it cannot be in a case like the present, where it satisfactorily appears that all the counts were intended to disaffirm and repudiate the sale. A waiver is an intentional relinquishment of a known right;…
2Cited by13 opinions
- Morse v. HutchinsMassachusetts Supreme Judicial Court · 1869
- Whiteside v. BrawleyMassachusetts Supreme Judicial Court · 1890
- Brocklehurst & Potter Co. v. MarschMassachusetts Supreme Judicial Court · 1916
- Jaquith v. DavenportMassachusetts Supreme Judicial Court · 1906
- Atwater v. ClancyMassachusetts Supreme Judicial Court · 1871
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