Palmer v. Guillow
Massachusetts Supreme Judicial Court
Contract, with a declaration in two counts, alleged to be for the same cause of action, as described in the opinion. Writ dated January 29, 1915. In the Superior Court the case was heard by Dubuque, J., without a jury. The material evidence is described in the opinion. At the close of the evidence, the defendant made thirteen requests for rulings, of which the following are material: “1. On all the evidence the plaintiff cannot recover.”
Read the full summary
Contract, with a declaration in two counts, alleged to be for the same cause of action, as described in the opinion. Writ dated January 29, 1915. In the Superior Court the case was heard by Dubuque, J., without a jury. The material evidence is described in the opinion. At the close of the evidence, the defendant made thirteen requests for rulings, of which the following are material: “1. On all the evidence the plaintiff cannot recover.” "4. The written contract is complete in itself and is conclusive between the parties. “5. The plaintiff cannot recover for money had and received. "6. In any…
1Opinion of the CourtBugg, C. J.
This is an action of contract. The declaration contains two counts. The first is upon a special contract printed in a footnote.* The second is for money had and received.
There was evidence tending to show that the plaintiff and Hemenway, the defendant’s intestate (who will be called the defendant), were old friends; that the defendant, who was engaged in perfecting some machines, the invention of one Gosselin, applied to the plaintiff for $300 to defray his personal expenses until he could get some money out pf the invention; that the plaintiff handed it to him and received in return the…
2Cases cited1 opinion
- Briggs v. De PeifferMassachusetts Supreme Judicial Court · 1913
3Cited by8 opinions
- MacDonald v. HawkerMassachusetts Appeals Court · 1981
- Plumer v. Houghton & Dutton Co.Massachusetts Supreme Judicial Court · 1932
- Detwiler v. CluneCalifornia Court of Appeal · 1926
- Kolakowski v. FinneyMassachusetts Supreme Judicial Court · 1984
- Howard v. Hancock Oil Co.Court of Appeals for the Ninth Circuit · 1934
3 more not listed; retrieve them via the Exa API.