Montgomery Door & Sash Co. v. Atlantic Lumber Co.
Massachusetts Supreme Judicial Court
Contract, the declaration as amended containing seven counts. Writ dated Novémber 26, 1906. The first count was for $1,899.42, alleged to be money had and received by the defendant to the use of the plaintiff.
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Contract, the declaration as amended containing seven counts. Writ dated Novémber 26, 1906. The first count was for $1,899.42, alleged to be money had and received by the defendant to the use of the plaintiff. In the second count it was alleged in substance that the plaintiff had owed $1,899.42 to the Ironton Door and Manufacturing Company (hereinafter called the Ironton company) for lumber, that upon the defendant notifying the plaintiff that the Ironton company by fraud had procured from the defendant the lumber which it sold to the plaintiff and that the plaintiff should pay the defendant…
1Opinion of the CourtBraley, J.
The very full and complete findings of fact made by the judge before whom the case was tried without a jury, having been well warranted by the evidence so far as it appears in the record, are conclusive. American Malting Co. v. Souther Brewing Co. 194 Mass. 89. It is manifest that the plaintiff . paid over the money in controversy upon the material misrepresentations made to its treasurer and business manager by the defendant’s counsel and agent accompanied by the written promise of reimbursement if it was subsequently called upon to repay the amount to the Ironton Door and Manufacturing…
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- Griswold v. HazardSupreme Court of the United States · 1891
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