Chandler v. Sanger
Massachusetts Supreme Judicial Court
Contract for money had and received. At the trial in the Superior Court, before Rockwell, J., the plaintiff, in opening his ease, stated that he expected to prove that the plaintiff was a dealer in ice, and furnished ice each week day to parties in Boston, under contracts to furnish a certain amount daily, upon all week days; that his custom was to have his carts loaded by twelve o’clock on Sunday night, in order to start early Monday morning; that any failure on the part of…
Read the full summary
Contract for money had and received. At the trial in the Superior Court, before Rockwell, J., the plaintiff, in opening his ease, stated that he expected to prove that the plaintiff was a dealer in ice, and furnished ice each week day to parties in Boston, under contracts to furnish a certain amount daily, upon all week days; that his custom was to have his carts loaded by twelve o’clock on Sunday night, in order to start early Monday morning; that any failure on the part of the plaintiff to furnish his customers with ice on Monday would be a great injury to him; that Monday morning, July…
1Opinion of the CourtGray, J.
This is not an action of tort, to recover damages for malicious prosecution, or abuse of legal process, but an action of contract, in the nature of assumpsit, for money had and received by the defendants, which they have no legal or equitable right to retain as against the plaintiff. Although the process sued out for the defendant was in due form, yet if, as was offered to be proved at the trial, he fraudulently, and knowing that he had no just claim against the plaintiff, arrested his body or seized his goods thereon, for the purpose of extorting money from him, then, according to all the…
2Cases cited4 opinions
- Carew v. RutherfordMassachusetts Supreme Judicial Court · 1870
- Watkins v. BairdMassachusetts Supreme Judicial Court · 1810
- Colwell v. PedenSupreme Court of Pennsylvania · 1834
- Sartwell v. HortonSupreme Court of Vermont · 1856
3Cited by18 opinions
- Hackley v. HeadleyMichigan Supreme Court · 1881
- Willett v. HerrickMassachusetts Supreme Judicial Court · 1927
- Adams v. SchifferSupreme Court of Colorado · 1887
- Heiserman v. Burlington, Cedar Rapids & Northern Railway Co.Supreme Court of Iowa · 1884
- Jones v. Sherwood Distilling Co.Court of Appeals of Maryland · 1926
13 more not listed; retrieve them via the Exa API.