Brown v. Sallinger
Massachusetts Supreme Judicial Court
Contract or tort, with a count in tort for the alleged conversion of $35 and a count in contract for $35 alleged to have been had and received by the defendant to the use of the plaintiff, the two counts being alleged to be for the same cause of action. Writ in the Municipal Court of the City of Boston dated March 9, 1910. On appeal to the Superior Court the case was heard by King, J., without a jury.
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Contract or tort, with a count in tort for the alleged conversion of $35 and a count in contract for $35 alleged to have been had and received by the defendant to the use of the plaintiff, the two counts being alleged to be for the same cause of action. Writ in the Municipal Court of the City of Boston dated March 9, 1910. On appeal to the Superior Court the case was heard by King, J., without a jury. There was evidence tending to show that the defendant, doing business in Boston under the name of the People’s Credit Company, sold wearing apparel and other merchandise for cash or on contracts…
1Opinion of the CourtBraley, J.
The plaintiff under the R. L. c. 173, § 6, cl. 6, has declared in contract for money had and received, and in tort for the conversion of the same amount, with an averment that both counts are for one and the same cause of action. No request that the plaintiff be required to elect having been made at the close of the evidence and the finding in her favor having been general, it is contended that the action cannot be maintained on either count. Teague v. Irwin, 134 Mass. 303, 307. The counts are not inconsistent.
If the defendant has converted to his own use the money of the plaintiff…
2Cases cited6 opinions
- American Malting Co. v. Souther Brewing Co.Massachusetts Supreme Judicial Court · 1907
- Cole v. BatesMassachusetts Supreme Judicial Court · 1904
- Morrin v. ManningMassachusetts Supreme Judicial Court · 1910
- Morrison v. RichardsonMassachusetts Supreme Judicial Court · 1907
- Devlin v. HoughtonMassachusetts Supreme Judicial Court · 1909
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Brocklehurst & Potter Co. v. MarschMassachusetts Supreme Judicial Court · 1916
- Flye v. HallMassachusetts Supreme Judicial Court · 1916
- Holmes v. CarraherMassachusetts Supreme Judicial Court · 1925
- Dodson v. MaroneyMassachusetts Appeals Court · 1983