Kelley v. Thompson
Massachusetts Supreme Judicial Court
Contract on a promissory note for $500 dated October 1, 1892, and payable two years from date, being the same case reported at an earlier stage in 175 Mass. 427. Writ in the Second District Court of Essex dated October 18, 1897. The defendant filed a declaration in set-off, as stated by the court, of which the eighteenth item was the only matter in controversy. The case came by appeal to the Superior Court.
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Contract on a promissory note for $500 dated October 1, 1892, and payable two years from date, being the same case reported at an earlier stage in 175 Mass. 427. Writ in the Second District Court of Essex dated October 18, 1897. The defendant filed a declaration in set-off, as stated by the court, of which the eighteenth item was the only matter in controversy. The case came by appeal to the Superior Court. At the second trial in that court, before Mason, C. J., the evidence of an oral agreement, which was held in the decision reported in 175 Mass. 427 to be inadmissible in set-off by reason…
1Opinion of the CourtLosing, J.
This was an action on a note for $500 in which the defendant filed a declaration in set-off, containing a count for money had and received and one on an account annexed. The only item in the account annexed now insisted on is item eighteen : “ To discount on milk at 4 cents per can, $381.68.” In the count for money had and received, the plaintiff seeks to recover the same amount as money received to his use. The case has been before this court before, Kelley v. Thompson, 175 Mass. 427. It was there decided that evidence of an oral agreement between the plaintiff and the defendant, whereby the…
2Cases cited13 opinions
- Gillis v. CobeMassachusetts Supreme Judicial Court · 1901
- Dix v. MarcyMassachusetts Supreme Judicial Court · 1875
- Williams v. BemisMassachusetts Supreme Judicial Court · 1871
- Dowling v. McKenneyMassachusetts Supreme Judicial Court · 1878
- White v. WielandMassachusetts Supreme Judicial Court · 1872
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3Cited by19 opinions
- Downey v. Union Trust Co.Massachusetts Supreme Judicial Court · 1942
- Williams v. Pittsfield Lime & Stone Co.Massachusetts Supreme Judicial Court · 1927
- Dixon v. LamsonMassachusetts Supreme Judicial Court · 1922
- DeMontague v. BacharachMassachusetts Supreme Judicial Court · 1905
- Cromwell v. NortonMassachusetts Supreme Judicial Court · 1906
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