McLaughlin v. Paine Furniture Co.
Massachusetts Supreme Judicial Court
Contract by the trustee in bankruptcy of the Great Western Hide Corporation for $1,149.75, alleged to have been had and received to that corporation’s use by the de-' fendant. Writ dated February 19, 1921. The action was heard in the Superior Court by McLaughlin, J., without a jury.
Read the full summary
Contract by the trustee in bankruptcy of the Great Western Hide Corporation for $1,149.75, alleged to have been had and received to that corporation’s use by the de-' fendant. Writ dated February 19, 1921. The action was heard in the Superior Court by McLaughlin, J., without a jury. It appeared that the money sought to be recovered was paid to the defendant upon a check of Great Western Hide Company payable to the defendant’s order and delivered to the defendant by one Crohan at the request of one Wolff as the purchase price of goods sold by the defendant to Wolff. Other material evidence is…
1Opinion of the CourtPierce, J.
This is an action of contract on an account annexed for money had and received, brought by the plaintiff as trustee in bankruptcy of the Great Western Hide Corporation, to recover $1,149.75 which the defendant received through the collection of a check of the bankrupt delivered to it under circumstances, as is claimed by the plaintiff, which preclude the defendant from retaining the money.
These circumstances are as follows: Sometime in July, 1919, prior to July 25, the defendant through a salesman sold for “ cash before delivery ” certain furniture to a Mrs. Wolff and charged the goods to Mr.…
2Cases cited3 opinions
- Johnson & Kettell Co. v. Longley Luncheon Co.Massachusetts Supreme Judicial Court · 1910
- National Investment & Security Co. v. CoreyMassachusetts Supreme Judicial Court · 1916
- Colonial Fur Ranching Co. v. First National BankMassachusetts Supreme Judicial Court · 1917
3Cited by7 opinions
- Ambruster v. AmbrusterSupreme Court of Missouri · 1930
- Proctor v. NorrisMassachusetts Supreme Judicial Court · 1934
- Russell v. Bond & Goodwin Inc.Massachusetts Supreme Judicial Court · 1931
- New Hampshire National Bank v. Garage & Factory Equipment Co.Massachusetts Supreme Judicial Court · 1929
- Dench & Hardy Co. v. John J. Hanson, Inc.Appellate Division of the Supreme Court of the State of New York · 1936
2 more not listed; retrieve them via the Exa API.