Moore v. Moore

Massachusetts Supreme Judicial Court

Moore v. Moore

50 Mass. 417

CourtMassachusetts Supreme Judicial Court

DecidedSeptember 15, 1845

StatusPublished

This text of 50 Mass. 417 (Moore v. Moore) 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

Moore v. Moore, 50 Mass. 417 (Mass. 1845).

Pincite

Opinion

Shaw, C. J.

The rule, that a promissory note may be given in evidence under a count for money had and received, proves that such declaration embraces such cause of action, and that the offer of the notes is not the introduction of a new cause of action. The pleading, and the proof, and the course of trial, are the same, whether a cause is defended by he original defendant or by a subsequent attaching creditor.

Exceptions overruled,.

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Shaw, C. J.

The rule, that a promissory note may be given in evidence under a count for money had and received, proves that such declaration embraces such cause of action, and that the offer of the notes is not the introduction of a new cause of action. The pleading, and the proof, and the course of trial, are the same, whether a cause is defended by he original defendant or by a subsequent attaching creditor.

Exceptions overruled,.

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Bluebook (online)

50 Mass. 417, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moore-v-moore-mass-1845.