Floyd v. Day
Massachusetts Supreme Judicial Court
Trover for a promissory note for 600 dollars, subscribed by Sivasey and Rogers, payable, with interest, to one Paul Pilsbury, or order, and endorsed by him to the plaintiff. Upon trial, before Sewall, J., at the sittings here, after the last November term, a verdict was given for the defendant that he was not guilty, which was taken, subject to the opinion of the Court, upon the report of the judge, the plaintiff waiving his right to review, and moving for a new trial.
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Trover for a promissory note for 600 dollars, subscribed by Sivasey and Rogers, payable, with interest, to one Paul Pilsbury, or order, and endorsed by him to the plaintiff. Upon trial, before Sewall, J., at the sittings here, after the last November term, a verdict was given for the defendant that he was not guilty, which was taken, subject to the opinion of the Court, upon the report of the judge, the plaintiff waiving his right to review, and moving for a new trial. The case, as reported by the judge, was shortly this:—The plaintiff, having a demand on Pilsbury, for begetting her with…
1Opinion of the Court
* By the Court.
As the plaintiff has an equitable and conscientious demand against the defendant, the Court have endeavored to discover some legal grounds on which she may have a remedy by this action. But no such principles are recognized.
The plaintiff, having a demand upon Pilsbury, constitutes the defendant her agent to recover for her a sum of money in satisfaction for her demand. The defendant, instead of money, receives a note of Pilsbury, made payable to him sell and discharges Pilsbury, as he was authorized to do by the plaintiff; or if there was no previous authority, she has since…
2Cases cited2 opinions
- Goodenow v. TylerMassachusetts Supreme Judicial Court · 1810
- Thompson v. PerkinsU.S. Circuit Court for the District of Massachusetts · 1823
3Cited by29 opinions
- Van Ostrand v. ReedNew York Supreme Court · 1828
- Rundle v. . AllisonNew York Court of Appeals · 1866
- Randall v. RichMassachusetts Supreme Judicial Court · 1814
- Beardsley v. WarnerNew York Supreme Court · 1831
- Donkersley v. LevyMichigan Supreme Court · 1878
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