Wallis v. Wallis
Massachusetts Supreme Judicial Court
This was an action pending in Middlesex, brought by the plaintiff’s testator, Jonathan Wallis, Jun., and upon his decease, prosecuted by the plaintiff, executrix of. his last will. The declaration was assumpsit for 400 dollars, money had and received to the use of the plaintiff.
Read the full summary
This was an action pending in Middlesex, brought by the plaintiff’s testator, Jonathan Wallis, Jun., and upon his decease, prosecuted by the plaintiff, executrix of. his last will. The declaration was assumpsit for 400 dollars, money had and received to the use of the plaintiff. At the last October term at Cambridge, the parties agreed to submit the cause to the Court upon a statement of facts; purporting that on the 11th day of June, 1805, the defendant, by his deed of that date, for the consideration of four hundred dollars expressed in the deed, gave, granted, sold, and conveyed, one…
1Opinion of the Court
The cause was submitted upon this agreement without argument, and being continued nisi, the opinion of the Court was now delivered by
Parsons, C. J
We do not know any legal principles, on which *126this action can be supported. The money was not paid through mistake, being supposed to be due when it was not; it was not obtained by deceit, fraud, imposition, or oppression; nor was it paid upon an executory contract, which has happened to fail, or which has been, or might be, lawfully disaffirmed by either party. The most that can be urged for the plaintiff is, that nothing passed by the deed, as it…
2Cited by43 opinions
- Pray v. PierceMassachusetts Supreme Judicial Court · 1811
- Brown v. LuntSupreme Judicial Court of Maine · 1854
- Goward v. WatersMassachusetts Supreme Judicial Court · 1868
- Preble v. BaldwinMassachusetts Supreme Judicial Court · 1850
- Rockhill v. SpraggsIndiana Supreme Court · 1857
38 more not listed; retrieve them via the Exa API.