Legal Opinion

Colt v. Clapp

Massachusetts Supreme Judicial Court

Decided October 27, 1879PublishedCited by 10 opinions

Three actions oe contract for money had and received. Writs dated September 25,1877. The cases were tried together in the Superior Court, without a jury, before Gtardner, J., who allowed a bill of exceptions in substance as follows: Thaddeus Clapp, by his will, gave to his wife the use and income of nineteen shares of stock in Pontoosuc Manufacturing Company, for her life, and directed that the stock should stand in the name of his executor, in trust.

Read the full summary

Three actions oe contract for money had and received. Writs dated September 25,1877. The cases were tried together in the Superior Court, without a jury, before Gtardner, J., who allowed a bill of exceptions in substance as follows: Thaddeus Clapp, by his will, gave to his wife the use and income of nineteen shares of stock in Pontoosuc Manufacturing Company, for her life, and directed that the stock should stand in the name of his executor, in trust. The residue of his estate he gave to his four children, who are the defendant, the plain-faffs in the first and third cases, and the intestate…

1Opinion of the CourtAmes, J.

It appears from the bill of exceptions, and from the finding of the judge, that the defendant was employed to make the purchase in question on behalf, and for the joint benefit, of the four heirs of the deceased, he being one of the four; and that he accepted this agency. The understanding was that the other heirs were to contribute their respective proportions, and the matter was afterwards to be adjusted between the parties. The defendant then received the conveyance, and immediately after found it necessary to go to California, where he had business. Upon his return, after an absence of…

2Cases cited2 opinions

  1. Brigham v. EvelethMassachusetts Supreme Judicial Court · 1813
  2. Stiles v. CampbellMassachusetts Supreme Judicial Court · 1814

3Cited by10 opinions

  1. Foote v. CottingMassachusetts Supreme Judicial Court · 1907
  2. Colt v. FradkinMassachusetts Supreme Judicial Court · 1972
  3. Campbell v. WillisDistrict Court, District of Columbia · 1923
  4. Picard v. BeersMassachusetts Supreme Judicial Court · 1907
  5. Gill v. HornblowerMassachusetts Supreme Judicial Court · 1936

5 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API