Wait v. Gibbs

Massachusetts Supreme Judicial Court

Wait v. Gibbs

24 Mass. 146

CourtMassachusetts Supreme Judicial Court

DecidedOctober 25, 1828

StatusPublished

This text of 24 Mass. 146 (Wait v. Gibbs) 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

Wait v. Gibbs, 24 Mass. 146 (Mass. 1828).

Pincite

Opinion

Per Curiam

A specific demand, and an offer to pay the great and little generals or to have them deducted, might be necessary, if this were an action for a proportion of the fish ; but the fish had been turned into money, and a balance was due to the plaintiff, and an action for money had and received lies to recover it without an actual demand. But here was a demand for a proportion of the fish, which would be sufficient in this action, if a demand were necessary.

Judgment according to verdict.

Free access — add to your briefcase to read the full text and ask questions with AI

Per Curiam

A specific demand, and an offer to pay the great and little generals or to have them deducted, might be necessary, if this were an action for a proportion of the fish ; but the fish had been turned into money, and a balance was due to the plaintiff, and an action for money had and received lies to recover it without an actual demand. But here was a demand for a proportion of the fish, which would be sufficient in this action, if a demand were necessary.

Judgment according to verdict.

Cite This Page — Counsel Stack

Bluebook (online)

24 Mass. 146, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wait-v-gibbs-mass-1828.