Ward v. Peck
Massachusetts Supreme Judicial Court
Bill in equity alleging that for five years previous to November 9, 1870, the plaintiff was in the habit of taking loans of money of one A. G. Peck; that in taking the loans, he deposited with Peck, as collateral security, notes secured by mortgages, bonds, checks, certificates of stocks, and indorsements; that he was in the habit of making payments to Peck on account, and taking up the collateral securities from time to time, whenever Peck stated that sufficient money had…
Read the full summary
Bill in equity alleging that for five years previous to November 9, 1870, the plaintiff was in the habit of taking loans of money of one A. G. Peck; that in taking the loans, he deposited with Peck, as collateral security, notes secured by mortgages, bonds, checks, certificates of stocks, and indorsements; that he was in the habit of making payments to Peck on account, and taking up the collateral securities from time to time, whenever Peck stated that sufficient money had been paid him to release the securities, or a portion of them; that though often requested, Peck never made and delivered…
1Opinion of the CourtGray, C. J.
This bill cannot be maintained for discovery, because it waives an answer under oath; nor for relief, because the plaintiff has a plain, adequate and complete remedy at law by an action for money had and received. Gen. Sts. c. 113, §§ 2, 4. 8th Rule in Chancery, 104 Mass. 570.
Demurrer sustained, and bill dismissed.
2Cited by7 opinions
- Brown v. CoreyMassachusetts Supreme Judicial Court · 1906
- Ball v. HarrisonMassachusetts Supreme Judicial Court · 1943
- Church v. Anti-Kalsomine Co.Michigan Supreme Court · 1898
- Frue v. LoringMassachusetts Supreme Judicial Court · 1876
- Dow v. BerryU.S. Circuit Court for the District of Eastern Wisconsin · 1883
2 more not listed; retrieve them via the Exa API.