Mason v. Waite
Massachusetts Supreme Judicial Court
Indebitatus assumpsit for money had and received by the defendant, to tne use of the plaintiff.—The facts proved at the trial before the chief justice, at the last November term in this county, were, that four or five years previous, one John Sargent was the driver of a stage between Gloucester and Boston, and was accustomed to transact business in Boston for persons living in Gloucester ; and particularly in bringing sums of money for them to be paid according to their…
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Indebitatus assumpsit for money had and received by the defendant, to tne use of the plaintiff.—The facts proved at the trial before the chief justice, at the last November term in this county, were, that four or five years previous, one John Sargent was the driver of a stage between Gloucester and Boston, and was accustomed to transact business in Boston for persons living in Gloucester ; and particularly in bringing sums of money for them to be paid according to their directions;—that about that time Sargent received of the plaintiff 150 dollars in bank bills, to carry to Boston, which were…
1Opinion of the Court
* Parker, C. J.,
delivered the opinion of the Court.
The identical bills, paid by Sargent to the defendant, were proved to be the property of the plaintiff. They were committed to Sargent, as a carrier, to pay to the order of the plaintiff. They came into the hands of the defendant unlawfully ; for gaming is unlawful by our statute. The defendant could have gained no property in them, even as against Sargent, who might have recovered them back within three months. Any other person might have recovered double the amount, without limitation of time; and the defendant was further liable to…
2Cited by7 opinions
- Choate, Hall & Stewart v. SCA Services, Inc.Massachusetts Supreme Judicial Court · 1979
- Kreutz v. LivingstonCalifornia Supreme Court · 1860
- Thresher v. Stonington Savings BankSupreme Court of Connecticut · 1896
- Neely v. RoodMichigan Supreme Court · 1884
- Hindmarch v. HoffmanSupreme Court of Pennsylvania · 1889
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