Cohen v. Wintman
Massachusetts Supreme Judicial Court
Contract for $500, money had and received by the defendant to the plaintiff’s use according to an account annexed which contained one item only, “Cash money delivered to you $500.” Writ dated July 10,1918. In the Superior Court the action was tried before Morton, J. Material evidence is described in the opinion.
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Contract for $500, money had and received by the defendant to the plaintiff’s use according to an account annexed which contained one item only, “Cash money delivered to you $500.” Writ dated July 10,1918. In the Superior Court the action was tried before Morton, J. Material evidence is described in the opinion. At the close of the evidence, the defendant moved that a verdict be ordered in his favor, and also requested that the jury be instructed that “upon all the evidence the verdict should be for the defendant and that there was no evidence from which the jury could determine the value of…
1Opinion of the CourtJennet, J.
The evidence was amply sufficient to justify a finding by the jury that in June, 1917, the plaintiff paid to the defendant $426, in consideration of his agreement to transmit *472the amount to a bank in Petrograd, Russia, and to procure therewith a bank book for two thousand rubles, which was to be delivered to the plaintiff, who on its receipt was to pay the defendant $56 more. No time being stated in the agreement, it was the duty of the defendant to perform his obligation within a reasonable time. The evidence also warranted a finding that the defendant never transmitted any of the money so…
2Cases cited4 opinions
- Ballou v. BillingsMassachusetts Supreme Judicial Court · 1884
- R. H. White Co. v. Remick & Co.Massachusetts Supreme Judicial Court · 1908
- Runkle v. BurrageMassachusetts Supreme Judicial Court · 1909
- Martin v. James Cunningham, Son & Co.Massachusetts Supreme Judicial Court · 1918
3Cited by13 opinions
- Mishara Construction Co. v. Transit-Mixed Concrete Corp.Massachusetts Supreme Judicial Court · 1974
- Markus v. Boston Edison Co.Massachusetts Supreme Judicial Court · 1944
- Augello v. Hanover Trust Co.Massachusetts Supreme Judicial Court · 1925
- Orr v. KeithMassachusetts Supreme Judicial Court · 1923
- Plumer v. Houghton & Dutton Co.Massachusetts Supreme Judicial Court · 1932
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