Barry v. Curley
Massachusetts Supreme Judicial Court
Contract to recover certain freight moneys alleged to be owed by the defendant to the plaintiff. Writ in the Municipal Court of the City of Boston dated December 13,1904. The answer contained a general denial and an allegation of payment. On appeal to the Superior Court the case was tried before Lawton, J. The following facts appeared at the trial.
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Contract to recover certain freight moneys alleged to be owed by the defendant to the plaintiff. Writ in the Municipal Court of the City of Boston dated December 13,1904. The answer contained a general denial and an allegation of payment. On appeal to the Superior Court the case was tried before Lawton, J. The following facts appeared at the trial. At the time the alleged bills were incurred, the plaintiff was the head clerk in Boston of the Merchants and Miners Transportation Company, a Maryland corporation running freight boats between Boston and Newport News, Virginia, with its corporation…
1Opinion of the CourtMorton, J.
The sole question in this case is whether what took place between the plaintiff and the auditor of the Transportation Company upon receipt by the latter from the plaintiff of the amount of the Transportation Company’s demand against the defendant operated as a payment and satisfaction of it or as an assignment of it. If the amount was tendered and received as a payment it extinguished the demand. Whether it was so tendered and received or not depended on what the understanding was at the time when the Transportation Company received the money. If the amount was then tendered and received as a…
2Cited by1 opinion
- Green v. Justices of the Municipal Court of the BostonMassachusetts Supreme Judicial Court · 1919