Etheridge v. Binney

Massachusetts Supreme Judicial Court

Etheridge v. Binney

26 Mass. 272

CourtMassachusetts Supreme Judicial Court

DecidedMarch 15, 1830

StatusPublished

This text of 26 Mass. 272 (Etheridge v. Binney) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Etheridge v. Binney, 26 Mass. 272 (Mass. 1830).

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Opinion

The Court

now held that the instructions given to the jury were correct.¹ And in regard to interest, they said the circumstance that memorandum checks were given, showed that the money was lent but for a short time. The nonpayment was a breach of the implied contract, and the money was wrongfully detained ; which is one of the cases for allowing interest. And the calling for security was a demand binding upon all the partners, as the copartnership was not dissolved until the 15th of September following.

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The Court

now held that the instructions given to the jury were correct.¹ And in regard to interest, they said the circumstance that memorandum checks were given, showed that the money was lent but for a short time. The nonpayment was a breach of the implied contract, and the money was wrongfully detained ; which is one of the cases for allowing interest. And the calling for security was a demand binding upon all the partners, as the copartnership was not dissolved until the 15th of September following.

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Bluebook (online)

26 Mass. 272, Counsel Stack Legal Research, https://law.counselstack.com/opinion/etheridge-v-binney-mass-1830.

Opinion

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