Wakefield v. Farnum
Massachusetts Supreme Judicial Court
Contract, in two counts, against Albert H. Farnum and Edmund Reardon, copartners as Farnum, Reardon, and Company. The first count was to recover a balance found due to the plaintiff by the parties on accounting together; and the second count was for money received by the defendants to the plaintiff’s use, according to a bill of particulars.
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Contract, in two counts, against Albert H. Farnum and Edmund Reardon, copartners as Farnum, Reardon, and Company. The first count was to recover a balance found due to the plaintiff by the parties on accounting together; and the second count was for money received by the defendants to the plaintiff’s use, according to a bill of particulars. The answer of the defendant Reardon, who alone defended, set up that the contract declared upon was a wagering contract, and illegal and void. At the trial in the Superior Court, before Hardy, J., without a jury, it appeared that the plaintiff was a…
1Opinion of the CourtField, C. J.
The first exception of the plaintiff is to the admission as evidence of the written statement made by the defendants to the plaintiff of the purchase of wheat. The ground of this exception is that, as one count of- the declaration is on an account stated, it is not competent to show that the balance found due on accounting was the result of an illegal contract. The paper admitted in evidence showed the purchase of wheat by the defendants on account of the plaintiff at a certain price, and it appeared that by a subsequent sale there resulted a certain sum as profits which, with $500 advanced…
2Cases cited2 opinions
- Harvey v. MerrillMassachusetts Supreme Judicial Court · 1889
- Barnes v. SmithMassachusetts Supreme Judicial Court · 1893
3Cited by6 opinions
- Waite v. FrankSouth Dakota Supreme Court · 1901
- Farnum v. WhitmanMassachusetts Supreme Judicial Court · 1905
- Milliken v. WarwickMassachusetts Supreme Judicial Court · 1940
- White v. Turner-Hudnut Co.Illinois Supreme Court · 1926
- Beers v. WardwellMassachusetts Supreme Judicial Court · 1908
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