Todd v. Bishop
Massachusetts Supreme Judicial Court
Contract, for money had and. received, with a hill of particulars of dates and amounts. Writ returnable to the Superior Court. The answer was as follows: “ The defendant denies each and every allegation, item, claim, and demand contained in the plaintiff’s writ and declaration. He says that he has duly accounted for and paid all moneys ever received by him of the plaintiff, and he does not owe the plaintiff any sum for any cause whatever.”
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Contract, for money had and. received, with a hill of particulars of dates and amounts. Writ returnable to the Superior Court. The answer was as follows: “ The defendant denies each and every allegation, item, claim, and demand contained in the plaintiff’s writ and declaration. He says that he has duly accounted for and paid all moneys ever received by him of the plaintiff, and he does not owe the plaintiff any sum for any cause whatever.” The plaintiff then filed, without obtaining leave of court, the following replication: “ And now comes the plaintiff and replies to the defendant’s answer…
1Opinion of the CourtField, J.
By the Pub. Sts. c. 167, § 24, a replication is not required except by order of court; but if the answer contains any new matter in avoidance of the action, it “ shall be deemed to be denied by the plaintiff,” or the court may require the plaintiff to reply thereto; and the plaintiff may, without such order, file at any time before trial a replication to the answer, “stating any facts in reply to the new matter therein.” No objection has been taken to the form of the answer. The new matter in the answer is in substance that the defendant had duly accounted with the plaintiff, and had paid him…
2Cases cited2 opinions
- Wetherbee v. WinchesterMassachusetts Supreme Judicial Court · 1880
- Baker v. CarpenterMassachusetts Supreme Judicial Court · 1879
3Cited by8 opinions
- Volusia County Bank v. BigelowSupreme Court of Florida · 1903
- Carroll v. Manganese Steel Safe Co.Court of Appeals of Maryland · 1909
- Krinsky v. WhitneyMassachusetts Supreme Judicial Court · 1944
- Palley v. Worcester County National BankMassachusetts Supreme Judicial Court · 1935
- Dennett v. WilmerdingMassachusetts Supreme Judicial Court · 1935
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