Hall v. Marston
Massachusetts Supreme Judicial Court
Assumpsit for 200 dollars received under the following circumstances. In the autumn of 1819, one Ellis Bradford, of Kingston, in the county of Plymouth, sailed in a vessel, of which he was then master and owner. He then owed the defendant about 1300 dollars, for the cargo, or part of it, which he took with him; and he also owed the plaintiff about 400 dollars.
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Assumpsit for 200 dollars received under the following circumstances. In the autumn of 1819, one Ellis Bradford, of Kingston, in the county of Plymouth, sailed in a vessel, of which he was then master and owner. He then owed the defendant about 1300 dollars, for the cargo, or part of it, which he took with him; and he also owed the plaintiff about 400 dollars. He had agreed with the defendant, that if he did not return directly back to Boston from that voyage, he would remit money to him. He also promised the plaintiff that he would send him some money during his absence; but he did not…
1Opinion of the CourtParker, C. J.
The defendant, being a creditor of Bradford, received from him while abroad a bill of exchange, and a letter accompanying it, requesting him to receive the amount of the bill, pay the plaintiff 200 dollars, and pass the residue to the credit of Bradford. The defendant presented the bill of exchange, and received the amount when due; but refuses to pay over the 200 dollars to the plaintiff, according to his instructions from Bradford; contending that as the whole sum received by him was less than the amount of * Bradford’s debt to him, he had a right to apply it [*579 ] towards the payment of that…
2Cited by34 opinions
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- Webster v. Sterling Finance Co.Supreme Court of Missouri · 1943
- Crone v. StindeSupreme Court of Missouri · 1900
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