Childs v. Jordan
Massachusetts Supreme Judicial Court
Contract for money had and received. Writ dated February 12, 1868. Trial in the superior court, without a jury, before Scudder, J., who reported the case for the determination of this court, substantially as follows: The plaintiff, having an execution against John A. Blood for $152.60, placed it for collection in the hands of John T. Jordan, a deputy sheriff, who on May 9, 1859, took from Blood and his wife, in settlement and satisfaction of the execution, an assignment of a…
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Contract for money had and received. Writ dated February 12, 1868. Trial in the superior court, without a jury, before Scudder, J., who reported the case for the determination of this court, substantially as follows: The plaintiff, having an execution against John A. Blood for $152.60, placed it for collection in the hands of John T. Jordan, a deputy sheriff, who on May 9, 1859, took from Blood and his wife, in settlement and satisfaction of the execution, an assignment of a note and mortgage for $150, which the wife held against Frederick Bigelow. No mention was made in the assignment that…
1Opinion of the CourtChapman, C. J.
The defendant’s testator was a deputy sheriff, and an execution was placed in his hands for collection in favor of the plaintiff against John A. Blood. While he held it, on May 9, 1859, he took an assignment of a note secured by mortgage, in settlement and satisfaction of the execution. The note was for $150, being about the amount of the execution. The assignment was not expressed to be for the benefit of the plaintiff. Parol evidence was admitted of the declarations ■ and promises of John T. Jordan, made about the time of receiving the assignment and shortly afterwards, that the execution…
2Cited by14 opinions
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