Dow v. Prescott
Massachusetts Supreme Judicial Court
* Assumpsit for the sum of $900, had and received [*419] ay the defendant to the use of the plaintiff. At the trial, which was had upon the general issue, before Jackson, J., April term, 1814, it appeared, that the defendant, in the year 1814, received about $ 836 upon an execution in favor of the plaintiff against one Smith, as surety of one T. Andrews, in a recognizance entered into by them for the treble value of certain goods, said to have been stolen from the plaintiff,…
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* Assumpsit for the sum of $900, had and received [*419] ay the defendant to the use of the plaintiff. At the trial, which was had upon the general issue, before Jackson, J., April term, 1814, it appeared, that the defendant, in the year 1814, received about $ 836 upon an execution in favor of the plaintiff against one Smith, as surety of one T. Andrews, in a recognizance entered into by them for the treble value of certain goods, said to have been stolen from the plaintiff, and knowingly received by said Andrews. The defendant had brought into the Court of Common Pleas, in a former stage of…
1Opinion of the CourtParker, C. J.
The claimed in this action was received by the defendant, as the attorney of the plaintiff, upon an execution in his favor, which issued upon a judgment recovered on a recognizance taken by a justice of the peace, the intent and object of which was, to secure to the plaintiff the treble value of certain goods and merchandise stolen from him, and supposed to have been feloniously received by one Andrews, the principal recognizor, who avoided a trial and forfeited his recognizance.
In the case of Vose vs. Dean & al.,(1) it was determined, that a recognizance of this description, entered into…
2Cases cited1 opinion
- Vose v. DeaneMassachusetts Supreme Judicial Court · 1811
3Cited by1 opinion
- Chickering v. HosmerMassachusetts Supreme Judicial Court · 1815