Hawks v. Hawks
Massachusetts Supreme Judicial Court
Contract. The declaration contained two counts. The first count was for money had and received to the plaintiff’s use, with interest since July 1, 1868, according to the following bill of particulars: “ July, 1868. Charles Hawks to Frederick Hawks, Dr. To cash received from sale of one half farm in Deerfield, after deducting mortgage thereon $2625 Or.
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Contract. The declaration contained two counts. The first count was for money had and received to the plaintiff’s use, with interest since July 1, 1868, according to the following bill of particulars: “ July, 1868. Charles Hawks to Frederick Hawks, Dr. To cash received from sale of one half farm in Deerfield, after deducting mortgage thereon $2625 Or. By amount received before that time 1000 1625 Interest, 7 years, at 6 per cent. 683 ” The second count, alleged to be for the same cause of action, was as follows: “ And the plaintiff further says that, previous to the year 1858, he and the…
1Opinion of the CourtSoule, J.
The two counts in the declaration are in substance the same. The detailed statement, in the second, of the transactions out of which the plaintiff contends that his right of action arose, is surplusage, -being in the nature of a recital of evidence on which he would rely. Both counts are for money had and received by the defendant to the use of the plaintiff. Woodbury v. Jones, 3 Gray, 261. The defendant answered by a general denial" and an allegation of payment. Under a general denial, all facts material to the establishment of the plaintiff’s case were in issue. The allegation was that the…
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