Wiley v. Connelly
Massachusetts Supreme Judicial Court
Contract for Í57.79 had and received by the defendant to the plaintiff’s use, paid in discharge of a mechanic’s lien upon certain real estate of one Yates, the lien being the property of the plaintiff by assignment from one McKenna. Writ, in the Second District Court of Bristol in the city of Fall River, dated December 15, 1899. The case, coming by appeal to the Superior Court, was there heard upon an agreed statement of facts by Pierce, J., without a jury.
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Contract for Í57.79 had and received by the defendant to the plaintiff’s use, paid in discharge of a mechanic’s lien upon certain real estate of one Yates, the lien being the property of the plaintiff by assignment from one McKenna. Writ, in the Second District Court of Bristol in the city of Fall River, dated December 15, 1899. The case, coming by appeal to the Superior Court, was there heard upon an agreed statement of facts by Pierce, J., without a jury. The agreed facts were . as follows: That on November 14, 1898, one McKenna had a valid claim of mechanic’s lien upon the realty of one…
1Opinion of the CourtMobton, J.
This is an action for money had and received. The case was heard by the court without a jury on an agreed statement of facts which gave the court power to draw inferences of fact. There was a finding for the plaintiff, and the case is here on the defendant’s exceptions to the refusal of the court to give certain rulings that were asked for and to the rulings that were given.
The plaintiff claims under an assignment executed and delivered to him November 14, 1898, by one McKenna of all the claims and demands which he had against one Yates. It is agreed that on that day McKenna had a valid claim…
2Cases cited8 opinions
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