Hecht v. Batcheller
Massachusetts Supreme Judicial Court
Contract for money had and received. At the trial in the Superior Court, without a jury, before Mason, J., the following facts were agreed. On or about November 1, 1886, the defendants, composing a firm of boot and shoe manufacturers in Boston, sold to J. and S. B. Sachs of Cincinnati, Ohio, certain boots and shoes, and received in payment from that firm a promissory note, dated November 3, 1886, and signed by it.
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Contract for money had and received. At the trial in the Superior Court, without a jury, before Mason, J., the following facts were agreed. On or about November 1, 1886, the defendants, composing a firm of boot and shoe manufacturers in Boston, sold to J. and S. B. Sachs of Cincinnati, Ohio, certain boots and shoes, and received in payment from that firm a promissory note, dated November 3, 1886, and signed by it. The defendants, in the usual course of business, placed the note with a firm of brokers in commercial paper, with directions to sell it, and such brokers, at about one o’clock P. M.…
1Opinion of the CourtMorton, C. J.
The defendants, being the owners of a promissory note which they had taken in the ordinary course of business, sold it through brokers to the plaintiffs. It was afterwards ascertained that, two hours before this sale, the makers of the note had made a “ voluntary assignment of all their assets for the benefit of their creditors, to be administered under the insolvent laws of Ohio,” of which State they were residents. Neither of the parties to this suit, nor the brokers employed by the defendants, knew of the assignment at the time of the sale, but they all supposed that the makers were doing…
2Cases cited8 opinions
- Old Colony Railroad v. WilderMassachusetts Supreme Judicial Court · 1884
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- Roberts v. . FisherNew York Court of Appeals · 1870
- Weddigen v. Boston Elastic Fabric Co.Massachusetts Supreme Judicial Court · 1868
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3Cited by28 opinions
- Ingalls v. HobbsMassachusetts Supreme Judicial Court · 1892
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- RELIANCE FINANCE CORPORATION and Romer, O’Connor & Co., Inc., Appellants, v. Clyde E. MILLER and Arline A. Miller, AppelleesCourt of Appeals for the Ninth Circuit · 1977
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