Goodwin v. Richardson
Massachusetts Supreme Judicial Court
This was an action of assumpsit for money had and received by the defendant, as administrator of the estate of Walter Whiting, deceased, to the use of the plaintiff. [#470 ] * The cause was submitted to the decision of the Court upon the following statement of facts agreed by the parties: — The plaintiff and the defendant’s intestate were for a number of years copartners; during which time they took a mortgage of certain real estate, as collateral security for moneys due to…
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This was an action of assumpsit for money had and received by the defendant, as administrator of the estate of Walter Whiting, deceased, to the use of the plaintiff. [#470 ] * The cause was submitted to the decision of the Court upon the following statement of facts agreed by the parties: — The plaintiff and the defendant’s intestate were for a number of years copartners; during which time they took a mortgage of certain real estate, as collateral security for moneys due to the copartnership. They afterwards took possession of the mortgaged prem ises for breach of condition, and the equity of…
1Opinion of the CourtJackson, J.
[ *.472 ] *The plaintiff and his assignee having released to the purchaser under the defendant all their right to the land in question, if the creditors of the partnership, or the plaintiff, for their use and benefit, might, by any lawful means, have taken this land, and applied it towards the discharge of their debts, the plaintiff is to recover. The question is not confined to the actual state of the title at the commencement of the action; for, if those creditors could hold the land under the assignment made by the plaintiff, or if they might have taken it in execution after the death of…
2Cases cited3 opinions
- Pierce v. JacksonMassachusetts Supreme Judicial Court · 1810
- Forde v. HerronSupreme Court of Virginia · 1814
- Hart's devisees v. Hawkins's heirsCourt of Appeals of Kentucky · 1814
3Cited by49 opinions
- Eaton v. Federal National Mortgage Ass'nMassachusetts Supreme Judicial Court · 2012
- Negron v. GordonMassachusetts Supreme Judicial Court · 1977
- Newall v. WrightMassachusetts Supreme Judicial Court · 1807
- Hewitt v. RankinSupreme Court of Iowa · 1875
- Sigourney v. MunnSupreme Court of Connecticut · 1828
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