Lonergan v. Peck
Massachusetts Supreme Judicial Court
Contract for money had and received, with a count on an account annexed. The bill of particulars annexed to the first count and the account annexed were the same, and consisted of a large number of items, amounting in the aggregate to the sum of $127,949.24. The credit side of the account amounted to $115,770, leaving a balance due the plaintiff of $12,179.24. Answer: 1. A general denial. 2. Payment.
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Contract for money had and received, with a count on an account annexed. The bill of particulars annexed to the first count and the account annexed were the same, and consisted of a large number of items, amounting in the aggregate to the sum of $127,949.24. The credit side of the account amounted to $115,770, leaving a balance due the plaintiff of $12,179.24. Answer: 1. A general denial. 2. Payment. The defendant also filed a declaration in set-off, containing nearly two hundred items, and amounting to $209,301.66. The case was referred to an auditor, whose report was in substance as…
1Opinion of the CourtDevens, J.
The question here is not as to the weight of the evidence, but whether there was any evidence sufficient to be submitted to the jury. The error in the contention of the defendant is, that he treats the affirmative of the case and the burden of proof, in the posture in which it was when submitted to the jury, as on the plaintiff.
There was no dispute that the plaintiff had deposited with the defendant certain moneys, to be employed in the purchase and sale of stocks and bonds. He contended that all the purchases *364and sales reported to have been made were fictitious, but he sought to recover of…
2Cases cited3 opinions
- Markey v. Mutual Benefit Life InsuranceMassachusetts Supreme Judicial Court · 1869
- Shaw v. HallMassachusetts Supreme Judicial Court · 1883
- Proctor v. WhitcombMassachusetts Supreme Judicial Court · 1883
3Cited by10 opinions
- Inhabitants of Wakefield v. American Surety Co. of New YorkMassachusetts Supreme Judicial Court · 1911
- Chandler v. PrinceMassachusetts Supreme Judicial Court · 1914
- Greene v. CoreyMassachusetts Supreme Judicial Court · 1912
- Pariso v. TowseCourt of Appeals for the Second Circuit · 1930
- Fiske v. DoucetteMassachusetts Supreme Judicial Court · 1910
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