Delaney v. Hall
Massachusetts Supreme Judicial Court
Contract for money had and received. Answer, a general denial. Trial in the Superior Court, before Wilkinson, J., who allowed a bill of exceptions, in substance as follows: The plaintiff’s evidence tended to show that she was servant and housekeeper for the defendant for two or three years; that, on February 19,1877, he made her an unconditional gift of $500 in money, delivering it to her, and she accepted it; that, afterward, on the same day, he took it to a savings bank to…
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Contract for money had and received. Answer, a general denial. Trial in the Superior Court, before Wilkinson, J., who allowed a bill of exceptions, in substance as follows: The plaintiff’s evidence tended to show that she was servant and housekeeper for the defendant for two or three years; that, on February 19,1877, he made her an unconditional gift of $500 in money, delivering it to her, and she accepted it; that, afterward, on the same day, he took it to a savings bank to deposit for her, and brought back an ordinary savings-bank book from the Springfield Institution for Savings, by which…
1Opinion of the CourtLord, J.
Upon examining the instructions given by the pre siding justice, they will be found to be sufficiently favorable to the defendant'; and, although he declined to give the instructions asked for by the defendant, in the language in which they were asked, it will be seen that the instructions actually given necessarily involved everything to which the defendant was entitled, and which was contained in the prayer for instruction which was refused.
The action was for money had and received by the defendant to the plaintiff’s use. There were certain facts about which there was no controversy. These…
2Cited by3 opinions
- O'Brien v. SheaMassachusetts Supreme Judicial Court · 1911
- Old Colony Trust Co. v. BaileyMassachusetts Supreme Judicial Court · 1909
- Parker v. City of SpringfieldMassachusetts Supreme Judicial Court · 1888