Bassett v. Bassett
Massachusetts Supreme Judicial Court
Contract, with a count in tort. The first count was on a promissory note dated May 1, 1869, for $620; payable to the plaintiff in three equal instalments on November 1,1869, May 1, 1870, and November 1, 1870; signed by the defendant and one Henry C. Goodrich, of California. The second count was for $620, money had and received by the defendant on or about May 1,1869, to the plaintiff’s use, with interest.
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Contract, with a count in tort. The first count was on a promissory note dated May 1, 1869, for $620; payable to the plaintiff in three equal instalments on November 1,1869, May 1, 1870, and November 1, 1870; signed by the defendant and one Henry C. Goodrich, of California. The second count was for $620, money had and received by the defendant on or about May 1,1869, to the plaintiff’s use, with interest. The third count was in tort, being trover for $620 of the plaintiff’s money alleged to have been converted by the defendant to his own use prior to the date of the writ. The same money was…
1Opinion of the CourtGbay, J.
The defendant is not liable upon either of the counts in contract, because no contract between husband and wife for the payment of money has any validity at law. Ingham v. White, 4 Allen, 412. Gray v. Kingsley, 11 Allen, 345. Chapman v. Kellogg, 102 Mass. 246.
Mor can he be charged upon the count in tort in the nature of trover, because the money sued for was voluntarily paid to him by the plaintiff, and the mere refusal to perform his promise to return an equal sum to her does not constitute a conversion of the money so received by him.
These reasons being decisive of the case, it is…
2Cases cited1 opinion
- Chapman v. KelloggMassachusetts Supreme Judicial Court · 1869
3Cited by14 opinions
- Atkins v. AtkinsMassachusetts Supreme Judicial Court · 1907
- Lombard v. MorseMassachusetts Supreme Judicial Court · 1891
- Hileman v. HilemanIndiana Supreme Court · 1882
- Atlantic National Bank v. TavenerMassachusetts Supreme Judicial Court · 1881
- Jacobs v. HeslerMassachusetts Supreme Judicial Court · 1873
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