Bennett v. Bartlett
Massachusetts Supreme Judicial Court
This was an action of assumpsit, commenced on the 7th of April, 1847, to recover damages for a failure of the plaintiff’s title to two thousand six hundred and sixty-two pounds of brass wire, alleged to have been sold to him by the defendant.
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This was an action of assumpsit, commenced on the 7th of April, 1847, to recover damages for a failure of the plaintiff’s title to two thousand six hundred and sixty-two pounds of brass wire, alleged to have been sold to him by the defendant. The case was submitted to this court upon the facts and evidence hereinafter stated, from which the court were to draw such inferences as a jury might draw, and upon which they were to render such judgment as the law and facts might require. The agreed statement was substantially as follows : — The plaintiff, on the 18th of February, 1835, lent the…
1Opinion of the Court
The opinion was delivered at the October term, 1851.
Fletcher, J.
The plaintiff had no claim, which could have been proved in bankruptcy against the defendant, at any time before the date of his discharge. While the plaintiff was in the actual possession and enjoyment of the money which he received for the wire, he could prove no claim, and had no claim against the defendant. If the plaintiff, before he was deprived of the money, had brought a. suit against the defendant, for a breach of his warranty of title, it must have been a good *228defence, that the plaintiff had sold the wire, and actually…
2Cases cited2 opinions
- Bosler v. KuhnSupreme Court of Pennsylvania · 1844
- Stinemets v. AinslieNew York Supreme Court · 1847
3Cited by1 opinion
- Hallett v. FowlerMassachusetts Supreme Judicial Court · 1864