Foster v. Lowell
Massachusetts Supreme Judicial Court
Assumpsit for money had and received. Upon the trial of the cause before Parker, J., at the last November term in this county, the following facts were in evidence, as appears from the judge’s report.
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Assumpsit for money had and received. Upon the trial of the cause before Parker, J., at the last November term in this county, the following facts were in evidence, as appears from the judge’s report. The defendant was assignee of the estate, &c., of two bankrupts, viz., Ebenezer Lewis and Elijah Williams, on which estates two dividends were declared, one on the eighth of July, 1802, and the other on the twelfth of September, 1803. James Andrews was a creditor to both estates, and the dividends belonging to him in Mr. Lowell’s hands, amounted to 364 dollars 34 cents, for which sum a verdict…
1Opinion of the Court
The opinion of the Court (excepting the Chief Justice, who, having been of counsel, did not sit in the cause) was afterwards delivered by
Sedgwick, J.
[After reciting the facts, as before detailed.] The question arising in this case is between the creditors of Andrews generally, and one of them, the Salem Insurance Company, Who is entitled to the money ?
* We have been disposed, if we could have done it [*312] consistently with the rules of law, to give validity to the agreement between Andrews and the defendant; because we be*276lieve it was a fair and honest transaction. But when we consider that the…
2Cases cited7 opinions
- Jones v. WitterMassachusetts Supreme Judicial Court · 1816
- Quiner v. Marblehead Social InsuranceMassachusetts Supreme Judicial Court · 1813
- Prescott v. HullNew York Supreme Court · 1820
- Ford v. StuartNew York Supreme Court · 1822
- Partridge v. GordonMassachusetts Supreme Judicial Court · 1819
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Noyes v. BrownSupreme Court of Vermont · 1860
- Dudley v. NickersonMassachusetts Supreme Judicial Court · 1913