Dodge v. Perkins
Massachusetts Supreme Judicial Court
This was an action of assumpsit for money had and received aQd money lent and accommodated, brought by the plaintiff, as executor of the last will of his brother, Unite Dodge. The general issue was joined, and also an issue upon a plea of tender made on May 15th, 1828, of $ 1807-91. At the trial, before Wilde J., it appeared, that the defendant was the surviving partner of the house of James & Thomas H. Perkins, formed in 1792, and dissolved in 1822 by the death of James.
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This was an action of assumpsit for money had and received aQd money lent and accommodated, brought by the plaintiff, as executor of the last will of his brother, Unite Dodge. The general issue was joined, and also an issue upon a plea of tender made on May 15th, 1828, of $ 1807-91. At the trial, before Wilde J., it appeared, that the defendant was the surviving partner of the house of James & Thomas H. Perkins, formed in 1792, and dissolved in 1822 by the death of James. Some time before the formation of this house, James lived and had a commercial house established at St. Domingo, which was…
1Opinion of the Court
Putnam J.
delivered the opinion of the Court. The questions arising in this case are, first, whether the defendant is liable to pay interest from the time when he received the money, to the time when the plaintiff, as the executor of Unite Dodge deceased, demanded payment.
*391And if so, then, secondly, upon what amount the interest shall be calculated.
The action is upon an implied assumpsit, and the judgment sounds wholly in damages for the non-performance of the contract or undertaking. If the interest is not included in the contract, it cannot be given. If it is included, then it should make up…
2Cases cited7 opinions
- Fowler v. ShearerMassachusetts Supreme Judicial Court · 1810
- Reab v. McAlisterCourt for the Trial of Impeachments and Correction of Errors · 1831
- Wood v. Hickok & HamiltonNew York Supreme Court · 1829
- Fasholt v. ReedSupreme Court of Pennsylvania · 1827
- Taylor v. Knox's ExecutorsCourt of Appeals of Kentucky · 1833
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