Dewing v. Dewing
Massachusetts Supreme Judicial Court
Two actions OE contract, each upon an account annexed, for money had and received. The cases were tried together in the Superior Court, without a jury, before Dunbar, J., who found for the defendant in each case; and the plaintiffs alleged exceptions. The facts appear in the opinion.
1Opinion of the CourtHolmes, J.
These are actions for money had and received, brought by two tenants in common against a third, to recover their share of the net profits realized by the defendant in carrying on a garden farm. We assume without deciding, as the plaintiffs contend, that the actions are maintainable in Massachusetts in this form, and that the items on their side of the account stated by the auditor are all properly there. St. 4 & 5 Anne, c. 16, § 27. Jones v. Harraden, 9 Mass. 540 n. Shepard v. Richards, 2 Gray, 424, 427, 428. The only questions necessary to be considered are whether, as a matter of…
2Cases cited4 opinions
- Robinson v. SimmonsMassachusetts Supreme Judicial Court · 1888
- Goldthwait v. DayMassachusetts Supreme Judicial Court · 1889
- Gayle v. JohnstonSupreme Court of Alabama · 1885
- Kites v. ChurchMassachusetts Supreme Judicial Court · 1886
3Cited by14 opinions
- Williamson v. JonesWest Virginia Supreme Court · 1897
- Howland v. StoweMassachusetts Supreme Judicial Court · 1935
- Foote v. CottingMassachusetts Supreme Judicial Court · 1907
- Robinson v. RobinsonMassachusetts Supreme Judicial Court · 1899
- Bacon v. BaconMassachusetts Supreme Judicial Court · 1929
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