Roberts v. United States Trust Co.
Massachusetts Supreme Judicial Court
Contract, with a declaration in two counts, alleged to be for the same cause of action, the claim set forth in the first count being for $101.60, money had and received by the defendant to the plaintiff’s use, and the allegations in the second count being that, through a mistake of fact, the plaintiff had paid to the defendant $101.60, upon receiving notice from it that the maker of a note, which he had indorsed and which had matured on July 2, 1917, had defaulted in…
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Contract, with a declaration in two counts, alleged to be for the same cause of action, the claim set forth in the first count being for $101.60, money had and received by the defendant to the plaintiff’s use, and the allegations in the second count being that, through a mistake of fact, the plaintiff had paid to the defendant $101.60, upon receiving notice from it that the maker of a note, which he had indorsed and which had matured on July 2, 1917, had defaulted in payment, and that the payment was made in ignorance of the fact that, after the plaintiff’s indorsement, a prior indorsement by…
1Opinion of the CourtBraley, J.
It appears from the transcript of the docket entries and copies of the pleadings and various motions which may be read in connection with the printed record, that, after the defendant’s petition for interpleader had been filed and allowed, the money paid into court, and the claimant had appeared and interpleaded, and the court had found in his favor, the presiding judge apparently on his own initiative ordered a new trial as shown by the following order: “A new trial is herewith granted for the sole purpose of a hearing on the petition for interpleader, on condition that the court may make…
2Cases cited2 opinions
- Burr v. CommonwealthMassachusetts Supreme Judicial Court · 1912
- Converse v. Ware Savings BankMassachusetts Supreme Judicial Court · 1890
3Cited by6 opinions
- Danforth v. ChandlerMassachusetts Supreme Judicial Court · 1921
- First National Bank v. ReynoldsSupreme Judicial Court of Maine · 1928
- Savage v. McCauleyMassachusetts Supreme Judicial Court · 1938
- Barnett v. RicemanMassachusetts Supreme Judicial Court · 1936
- St. Mary's Credit Union v. MavreticMassachusetts District Court, Appellate Division · 1999
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