Fowle v. Child
Massachusetts Supreme Judicial Court
Contract, for money had and received. Trial in the Superior Court, before Sopkins, J., who allowed a bill of exceptions, in substance as follows. In the years 1884, 1885, and 1886 the plaintiff had been in the habit of borrowing money of the defendants and giving his notes therefor, secured by cash in excess of the face of the notes, deposited in boxes in safety vaults in Boston which were taken in the names of the plaintiff and the defendants.
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Contract, for money had and received. Trial in the Superior Court, before Sopkins, J., who allowed a bill of exceptions, in substance as follows. In the years 1884, 1885, and 1886 the plaintiff had been in the habit of borrowing money of the defendants and giving his notes therefor, secured by cash in excess of the face of the notes, deposited in boxes in safety vaults in Boston which were taken in the names of the plaintiff and the defendants. In May, 1886, the parties adjusted the accounts between them, and the plaintiff gave a note to each of the defendants, secured by a pledge of the…
1Opinion of the CourtBarker, J.
1. The first and second exceptions may be disposed of together. The notes given by the plaintiff to the defendants upon the adjustment of the accounts between them in May, 1886, were secured by pledge of the money which the plaintiff sought to recover in this action, and were admissible in evidence for the defence, upon the issue whether, if they took that money, they were entitled to retain it as collateral security for the notes. The record of the former suit, in which the notes had been pleaded in set-off against the plaintiff, showed that the suit was still pending; as it had not gone to…
2Cases cited7 opinions
- Commonwealth v. RobinsonMassachusetts Supreme Judicial Court · 1888
- Jordan v. OsgoodMassachusetts Supreme Judicial Court · 1872
- Haskins v. WarrenMassachusetts Supreme Judicial Court · 1874
- Cluff v. Mutual Benefit Life InsuranceMassachusetts Supreme Judicial Court · 1868
- Commonwealth v. WhiteMassachusetts Supreme Judicial Court · 1888
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Terrio v. McDONOUGH HARTFORD FIRE INS. CO.Massachusetts Appeals Court · 1983
- Montgomery v. CrumIndiana Supreme Court · 1928
- Der Minasian v. Aetna Life InsuranceMassachusetts Supreme Judicial Court · 1936
- Morrissey v. PowellMassachusetts Supreme Judicial Court · 1939
- Boyd v. . BoydNew York Court of Appeals · 1900
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