Cole v. Bates
Massachusetts Supreme Judicial Court
Contract, by the administratrix of the estate of Elma M. Hancock, late of Huntington, for $817.69 alleged to have been had and received to the plaintiff’s use, with interest from March 1, 1892, being the amount of a deposit alleged to have belonged to the plaintiff’s intestate and to have been drawn from the Northampton Institution for Savings by Clarence E. Bates and paid by him to his wife, Ida L. Bates.
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Contract, by the administratrix of the estate of Elma M. Hancock, late of Huntington, for $817.69 alleged to have been had and received to the plaintiff’s use, with interest from March 1, 1892, being the amount of a deposit alleged to have belonged to the plaintiff’s intestate and to have been drawn from the Northampton Institution for Savings by Clarence E. Bates and paid by him to his wife, Ida L. Bates. Writ dated October 20, 1894. In the Superior Court the case was tried before Holmes, «I., without a jury. The following statement of the case is taken from the opinion of the court: The…
1Opinion of the CourtLoring, J.
[After the above statement of the case.] For the purposes of this ease we assume that under the finding made by the judge the defendant is to be taken to have known that the amount paid 'to her as the residue of the estate was larger by the amount of $317.69 because that sum had been collected by the administrator and put into her father’s estate.
It is settled in this Commonwealth that money had and received will lie where the defendaht has received money to which the plaintiff has an equitable right. Knowles v. Sullivan, 182 Mass. 318. Henchey v. Henchey, 167 Mass. 77. Derome v. Vose, 140…
2Cases cited7 opinions
- Knowles v. SullivanMassachusetts Supreme Judicial Court · 1902
- Moore v. MooreMassachusetts Supreme Judicial Court · 1879
- Barnes v. JohnsonIllinois Supreme Court · 1876
- Henchey v. HencheyMassachusetts Supreme Judicial Court · 1896
- Bearce v. FahrnowMichigan Supreme Court · 1896
2 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- General Exchange Insurance v. DriscollMassachusetts Supreme Judicial Court · 1944
- Furber v. DaneMassachusetts Supreme Judicial Court · 1909
- City of Norfolk v. Norfolk CountySupreme Court of Virginia · 1917
- Foote v. CottingMassachusetts Supreme Judicial Court · 1907
- Rabinowitz v. People's National BankMassachusetts Supreme Judicial Court · 1920
18 more not listed; retrieve them via the Exa API.