Legal Opinion

Cushman v. Snow

Massachusetts Supreme Judicial Court

Decided June 22, 1904PublishedCited by 19 opinions

Contract against the trustee for the benefit of the creditors of the firm of Sawyer, Manning and Company for money had and received, with a bill of particulars alleging a certain balance to be due to the plaintiffs on account of goods sold by Sawyer, Manning and Company as agents for the plaintiffs. Writ dated September 17, 1898. In the Superior Court the case was submitted upon an agreed statement of facts to GrasJcill, J., without a jury.

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Contract against the trustee for the benefit of the creditors of the firm of Sawyer, Manning and Company for money had and received, with a bill of particulars alleging a certain balance to be due to the plaintiffs on account of goods sold by Sawyer, Manning and Company as agents for the plaintiffs. Writ dated September 17, 1898. In the Superior Court the case was submitted upon an agreed statement of facts to GrasJcill, J., without a jury. He found for the plaintiffs and assessed damages in the sum of $7,668.40. The defendant appealed. The agreed facts were as follows : The plaintiffs were…

1Opinion of the CourtBbaley, J.

If the relation of debtor and creditor existed between the defendant’s assignors and the plaintiffs the defendant invokes the aid of the general rule relating to the appropriation of payments where this relation is shown, namely, that when money is paid, if no direction is given by the debtor the creditor may apply it as he chooses, but if no appropriation is made by either the law makes such application as justice between the parties may require. Parker v. Green, 8 Met. 137, 144. Crompton v. Pratt, 105 Mass. 255. Worthley v. Emerson, 116 Mass. 374. National Mahaiwe Bank v. Peck, 127 Mass.…

2Cases cited15 opinions

  1. National Mahaiwe Bank v. PeckMassachusetts Supreme Judicial Court · 1879
  2. Locke v. LewisMassachusetts Supreme Judicial Court · 1878
  3. Crompton v. PrattMassachusetts Supreme Judicial Court · 1870
  4. Chace v. ChapinMassachusetts Supreme Judicial Court · 1881
  5. Thompson v. PerkinsU.S. Circuit Court for the District of Massachusetts · 1823

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3Cited by19 opinions

  1. Boston Medical Supply Co. v. Lea & FebigerCourt of Appeals for the First Circuit · 1952
  2. Furber v. DaneMassachusetts Supreme Judicial Court · 1910
  3. Buffington v. McNallyMassachusetts Supreme Judicial Court · 1906
  4. Lampasona v. CapriottiMassachusetts Supreme Judicial Court · 1936
  5. Doucette v. BaldwinMassachusetts Supreme Judicial Court · 1907

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