Rabinowitz v. People's National Bank
Massachusetts Supreme Judicial Court
Contract, with a declaration, as amended, in two counts, the plaintiff alleging in the first count that one I. Cohen, doing business under the firm name and style of Supreme Skirt Company, assigned to him in writing certain accounts receivable, in number thirty-six, and that thereafter the defendant collected the accounts and retained the proceeds thereof, refusing to pay them to the plaintiff.
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Contract, with a declaration, as amended, in two counts, the plaintiff alleging in the first count that one I. Cohen, doing business under the firm name and style of Supreme Skirt Company, assigned to him in writing certain accounts receivable, in number thirty-six, and that thereafter the defendant collected the accounts and retained the proceeds thereof, refusing to pay them to the plaintiff. The second count was for money had and received by the defendant to the use of the plaintiff. Writ in the Municipal Court of the City of Boston dated February 15, 1918. On removal to the Superior Court…
1Opinion of the CourtCarroll, J.
On September 13, 1917, one Cohen assigned certain accounts which were then due bim for goods sold, to the plaintiff as security for a loan of $1,000, of which $573 has been paid. No notice was given the debtors of this assignment. On October 4, 1917, Cohen assigned the same accounts to the defendant, as security for a loan which he then obtained; the defendant collected $600 on the accounts. This action is for money had and received to recover $427. In the Superior Court there was a directed verdict for the defendant, and the plaintiff excepted.
Although the assignment to the plaintiff was…
2Cases cited8 opinions
- Putnam v. StoryMassachusetts Supreme Judicial Court · 1882
- Thayer v. DanielsMassachusetts Supreme Judicial Court · 1873
- Cole v. BatesMassachusetts Supreme Judicial Court · 1904
- Moore v. MooreMassachusetts Supreme Judicial Court · 1879
- Lawrence v. BatchellerMassachusetts Supreme Judicial Court · 1881
3 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Salem Trust Co. v. Manufacturers' Finance Co.Supreme Court of the United States · 1924
- Rock-Ola Manufacturing Corp. v. Music & Television Corp.Massachusetts Supreme Judicial Court · 1959
- Flavin v. MorrisseyMassachusetts Supreme Judicial Court · 1951
- Nichols v. Commissioner of Corporations & TaxationMassachusetts Supreme Judicial Court · 1943
- Cobb v. Library BureauMassachusetts Supreme Judicial Court · 1929
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