McMurtrie v. Keenan
Massachusetts Supreme Judicial Court
Contract. The declaration contained common counts to recover back $120 paid by the plaintiff to the defendant in July 1869, and also to recover back $120 paid by the plaintiff to the defendant in February 1870. At the trial in the superior court, before Wilkinson, J., it appeared that the defendant held the note of the plaintiff for $2000, with interest at the rate of six per cent., payable in January and July of each year, secured by mortgage containing a power of sale, and…
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Contract. The declaration contained common counts to recover back $120 paid by the plaintiff to the defendant in July 1869, and also to recover back $120 paid by the plaintiff to the defendant in February 1870. At the trial in the superior court, before Wilkinson, J., it appeared that the defendant held the note of the plaintiff for $2000, with interest at the rate of six per cent., payable in January and July of each year, secured by mortgage containing a power of sale, and bearing an indorsement of $180 paid as eighteen months’ interest, under date of February 1870. The plaintiff testified…
1Opinion of the CourtChapman, C. J.
If a defendant in an action has paid money to the creditor to be indorsed or applied on the demand in suit, but suffers the plaintiff to take judgment for the whole amount, he cannot recover the money back. He has had his day in court, and the judgment is conclusive. Public policy requires that this should be so. Loring v. Mansfield, 17 Mass. 394. Jordan v. Phelps, 3 Cush. 545. Sacket v. Loomis, 4 Gray, 148. Fuller v. Shattuck, 13 Gray, 70. Nettleton v. Beach, 107 Mass. 499. But if, after the creditor thus neglects to indorse or apply it, he has the means of collecting the whole debt without…
2Cases cited2 opinions
- Loring v. MansfieldMassachusetts Supreme Judicial Court · 1821
- Nettleton v. BeachMassachusetts Supreme Judicial Court · 1871
3Cited by9 opinions
- Ward v. ScarboroughTexas Commission of Appeals · 1922
- First National Bank v. SargeantNebraska Supreme Court · 1902
- Carey v. FitzpatrickMassachusetts Supreme Judicial Court · 1938
- Sullivan v. BarrowsMassachusetts Supreme Judicial Court · 1939
- Johnson v. FordTennessee Supreme Court · 1922
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