International Trust Co. v. Wilson
Massachusetts Supreme Judicial Court
Contract, on three promissory notes, and for money had and received. The first two notes, dated April 8 and April 30,1891, were for $750 and $500 respectively, drawn by Wilson, Cassells, and Company to the order of the defendant, and by him indorsed. The third note, dated July 16,1891, was for $500, drawn in the same manner as the first two, payable to the plaintiff, and secured by collaterals.
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Contract, on three promissory notes, and for money had and received. The first two notes, dated April 8 and April 30,1891, were for $750 and $500 respectively, drawn by Wilson, Cassells, and Company to the order of the defendant, and by him indorsed. The third note, dated July 16,1891, was for $500, drawn in the same manner as the first two, payable to the plaintiff, and secured by collaterals. The items of the count for money had and received corresponded in dates and amounts with the three notes above described. At the trial in the Superior Court, before Richardson, J., there was evidence…
1Opinion of the CourtBarker, J.
1. The defendant does not now contend that a presiding justice has no power to order a verdict if the jury have returned their findings upon questions submitted to them, but have separated without arriving at a verdict. Such a course is warranted by the doctrine that, although a jury have separated, they may be ordered to correct an incomplete and defective finding when the circumstances are such as to make it certain that justice is done by the order. Mason v. Massa, 122 Mass. 477, and cases cited. Spencer v. Williams, 160 Mass. 17. When the law applied to the findings made by the jury, and…
2Cases cited8 opinions
- Smith v. LivingstonMassachusetts Supreme Judicial Court · 1873
- Atlas National Bank v. SaveryMassachusetts Supreme Judicial Court · 1879
- National Bank of Commonwealth v. LawMassachusetts Supreme Judicial Court · 1879
- Mason v. MassaMassachusetts Supreme Judicial Court · 1877
- Spencer v. WilliamsMassachusetts Supreme Judicial Court · 1893
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3Cited by5 opinions
- Produce Exchange Trust Co. v. BieberbachMassachusetts Supreme Judicial Court · 1900
- Kittredge v. GrannisNew York Court of Appeals · 1926
- Massachusetts National Bank v. SnowMassachusetts Supreme Judicial Court · 1905
- Back Bay National Bank v. BrickleyMassachusetts Supreme Judicial Court · 1926
- Levine v. Globe Street Railway Co.Massachusetts Supreme Judicial Court · 1900