Hall v. Inhabitants of Holden
Massachusetts Supreme Judicial Court
Contract for money had and received. Writ dated December 19, 1873. At the trial in the Central District Court of Worcester, the plaintiff put in evidence tending to show the following facts: In the spring of 1861, the defendant sent to Fort McHenry in Maryland certain pistols and cartridges to be distributed among the members of a company of soldiers recruited in the defendant town; the officers refused to allow the soldiers to have the pistols, and they were found by the…
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Contract for money had and received. Writ dated December 19, 1873. At the trial in the Central District Court of Worcester, the plaintiff put in evidence tending to show the following facts: In the spring of 1861, the defendant sent to Fort McHenry in Maryland certain pistols and cartridges to be distributed among the members of a company of soldiers recruited in the defendant town; the officers refused to allow the soldiers to have the pistols, and they were found by the plaintiff in the store-house at Fort McHenry; he reported the facts to the selectmen of the town, and they requested him…
1Opinion of the CourtEndicott, J.
The vote of April, 1873, to refund to the plaintiff the money deposited by him with Holt, was an express promise for a valid consideration, and was competent evidence in an action against the town for money had and received. The language of the vote carries with it the admission that the money so deposited belonged to the plaintiff, and there was evidence introduced at the trial that Holt, who acted as one of the committee in behalf of the town, erroneously or wrongfully paid it into the town treasury. It is a case where the money of the plaintiff, having been improperly paid to the town by…
2Cited by15 opinions
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- Daly v. Mayor of MedfordMassachusetts Supreme Judicial Court · 1922
- Braintree Water Supply Co. v. Inhabitants of BraintreeMassachusetts Supreme Judicial Court · 1888
- Frankl v. BaileyOregon Supreme Court · 1897
- Inhabitants of Arlington v. PeirceMassachusetts Supreme Judicial Court · 1877
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