Hancock v. Franklin Insurance
Massachusetts Supreme Judicial Court
Contract for $5000, money had and received to the use of the plaintiff’s intestate. The writ was dated January 1, 1869. The answer was a general denial and the statute of limitations. A declaration in set-off for money lent by the defendants to the plaintiff’s intestate was also filed. The answer to the declaration in set-off was a general denial and the statute of limitations.
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Contract for $5000, money had and received to the use of the plaintiff’s intestate. The writ was dated January 1, 1869. The answer was a general denial and the statute of limitations. A declaration in set-off for money lent by the defendants to the plaintiff’s intestate was also filed. The answer to the declaration in set-off was a general denial and the statute of limitations. The case was reported by Morton, J., for the consideration of the full court upon facts which sufficiently appear in the opinion.
1Opinion of the CourtMorton, J.
On June 30, 1849, the plaintiff’s intestate gave his note for $5000 to the defendants, payable in three months,_ and at the same time pledged with them, as collateral security therefor, a United States bond for $5000, with interest coupons attached. The defendants from time to time collected the coupons and applied the proceeds to the payment of the interest upon the note. In January, 1863, the bond became payable, and the defendants collected it in gold coin. If there had been no difference in value between gold coin and paper currency, the rights of the parties would be plain. It was the…
2Cases cited7 opinions
- Thompson v. RiggsSupreme Court of the United States · 1867
- Bronson v. RodesSupreme Court of the United States · 1869
- Stark v. CoffinMassachusetts Supreme Judicial Court · 1870
- Whipple v. BlackingtonMassachusetts Supreme Judicial Court · 1867
- Independent Insurance v. ThomasMassachusetts Supreme Judicial Court · 1870
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3Cited by29 opinions
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- Currier v. StudleyMassachusetts Supreme Judicial Court · 1893
- Loughborough v. McNevinCalifornia Supreme Court · 1887
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