Beaumont v. Crane
Massachusetts Supreme Judicial Court
This action was assumpsit for money had and received. At the trial, which was had on the general issue before Wilde, J., at the last February term in this county, the plaintiff proved that one Morse, wishing to make two carding-machines, applied to the plaintiff, previous to the year 1816, for assistance and advancements to enable him to accomplish that object; and that the plaintiff thereupon advanced to him sundry materials for the construction of said machines, of the…
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This action was assumpsit for money had and received. At the trial, which was had on the general issue before Wilde, J., at the last February term in this county, the plaintiff proved that one Morse, wishing to make two carding-machines, applied to the plaintiff, previous to the year 1816, for assistance and advancements to enable him to accomplish that object; and that the plaintiff thereupon advanced to him sundry materials for the construction of said machines, of the value of 80 dollars 50 cents, he, the said Morse, then agreeing that the plaintiff should have a share in the said two…
1Opinion of the CourtParker, C. J.
We are of opinion that, under the peculiar circumstances of this property, an interest passed to the plaintiff, without any manual delivery. The machine stood in the house of JVheatly for safe-keeping only Before the attachment at his suit, an agreement in writing was made, the purport of which was, that the plaintiff should have a property therein, in the proportion that the sum advanced by him would bear to the whole value. Of this the sheriff had notice before he sold on execution, and he is accountable to the plaintiff for the amount of his interest, which is ascertained by the verdict.
We…
2Cited by14 opinions
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- Hollis v. BenderAlabama Court of Appeals · 1948
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