Long v. Greene
Massachusetts Supreme Judicial Court
Assumpsit for money paid, laid out and expended by the plaintiffs for the use of the defendants. The action was tried upon the general issue before Parker, J., at the last November term in this county.
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Assumpsit for money paid, laid out and expended by the plaintiffs for the use of the defendants. The action was tried upon the general issue before Parker, J., at the last November term in this county. It appeared in evidence at the trial, that forty hogsheads of sugar had been consigned, by a merchant in Demerara, to the defendants, merchants in Boston; and that the master of the vessel, instead of bringing them directly to Boston, according to the bills of lading, carried them in his vessel to Portsmouth, where the owner of the vessel resided. The sugars were afterwards shipped to the…
1Opinion of the Court
The opinion of the Court (absente Parsons, C. J.) was delivered by
Sedgwick, J.
The bonds in this case having been given at the *228request of the defendants, or, what is equivalent to it, and the money having been paid in consequence of it, the plaintiffs are undoubtedly entitled to recover, unless the defendants are justified in withholding payment on the principles of their defence.
The Solicitor-General and Thurston for the plaintiffs.
The sugars were sold as entitled to debenture ; and had the certificate, received at the custom-house in Portsmouth, been delivered to the defendants, they might…
2Cited by1 opinion
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