Nettleton v. Beach
Massachusetts Supreme Judicial Court
Contract for money had and received. Trial in the superior court, before Boekwell, J., who after a verdict for the defendant reported for the revision of this court the case which is stated in the opinion.
1Opinion of the Court
Chapman, C. J
It appears by the evidence offered, that the defendant received of the plaintiff’s son the sum of $200, for *500Which he gave the following receipt: “ Springfield, March 19, 1867. Received of E. B. Nettleton, to be applied on note held by Elijah. Libby, two hundred dollars. Charles Beach.” This receipt proves what he agreed to do with the money. It is admitted that it was not applied on the note, but that the note was secured by a mortgage, which had been left with the defendant and his father, as attorneys and copartners, for collection. They commenced a suit to foreclose the…
2Cases cited2 opinions
- Fowler v. ShearerMassachusetts Supreme Judicial Court · 1810
- Loring v. MansfieldMassachusetts Supreme Judicial Court · 1821
3Cited by2 opinions
- McMurtrie v. KeenanMassachusetts Supreme Judicial Court · 1872
- Bromfield v. GouldMassachusetts Supreme Judicial Court · 1935