Kelley v. Munson
Massachusetts Supreme Judicial Court
This was an action of assumpsit, brought to recover the proceeds of eighteen hogsheads of molasses, alleged to have been shipped by the plaintiff at St. Vincents, and consigned to the defendant for sale. There was also a count for 1000 dollars, money had and re ceived by the defendant to the plaintiff's use.
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This was an action of assumpsit, brought to recover the proceeds of eighteen hogsheads of molasses, alleged to have been shipped by the plaintiff at St. Vincents, and consigned to the defendant for sale. There was also a count for 1000 dollars, money had and re ceived by the defendant to the plaintiff's use. Upon the trial of the action before Parker, J., at the last November term in this county, the plaintiff offered certain evidence to prove that in November, 1807, one Elias Williams was at Wilmington, in North Carolina, (where the plaintiff resides,) in the schooner Fair Trader, of which…
1Opinion of the CourtSewall, J.
(After stating the facts at the trial from the judge’s report, including his direction to the jury, his honor proceeded as follows.)
Was the direction given to the jury at the trial correct in point of law upon this evidence ? is the question to be considered.
Upon the supposition relied on for the defendant, that Williams conducted fraudulently and tortiously in going to St. Vincents, in selling the plaintiff’s cargo there, and in directing the proceeds remitted to Boston in his own name; and, in short, that in the transaction proved, independently of Williams’s own testimony, he was not the…
2Cited by16 opinions
- Locke v. LewisMassachusetts Supreme Judicial Court · 1878
- Dows v. . KidderNew York Court of Appeals · 1881
- Thompson v. PerkinsU.S. Circuit Court for the District of Massachusetts · 1823
- Cushman v. SnowMassachusetts Supreme Judicial Court · 1904
- Duguid v. EdwardsNew York Supreme Court · 1867
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