[DOWNLOAD] "Emerson Et Al. v. Deming" by Supreme Judicial Court of Massachusetts ~ eBook PDF Kindle ePub Free

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eBook details

• Title: Emerson Et Al. v. Deming
• Author : Supreme Judicial Court of Massachusetts
• Release Date : January 06, 1939
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 64 KB

Description

RONAN, Justice. In this action of contract or tort, the plaintiffs seek to recover for money which they were induced, on February
15, 1928, to advance to the defendant on account of his fraudulent representations concerning the purpose for which he intended
to use it. Among other defences the answer set up payment, statute of limitations, accord and satisfaction, and a discharge
in bankruptcy. The case was heard in the Superior Court upon the report of an auditor, and the defendant's motion for the
entry of judgment was allowed. The plaintiffs excepted to the refusal to grant certain requests for rulings. The auditor found the following facts. The defendant, after a visit to Florida during the winter of 1928, met Mrs. Emerson
in Boston and informed her that he had won $41,000 upon a horse race, but that it was necessary for him to have $10,000 to
exhibit to those who had won the money for him in order to show that he could have paid if he had lost, and if Mrs. Emerson
and her husband would give him $10,000 he would give them one half of the $41,000. Emerson withdrew $1,500 from his bank deposit,
borrowed $2,500 from another bank and $1,500 from the account of an automobile company, known as the Preston Auto Company,
in which he was interested. Mrs. Emerson withdrew $4,000 from various bank accounts standing in her name and that of her son,
and borrowed $500 from a friend. This money was given to the defendant, who went to Florida and lost it in betting upon a
horse race. The defendant, upon his return from Florida, went to the home of the plaintiffs and informed them that he had
lost the money and agreed to pay them at the rate of $5 a week. Such payments were made by him commencing June 27, 1928, and
ending May 2, 1935. These payments totaled $2,227. Within a few weeks after he lost the money he gave Mrs. Emerson his promissory
note nor $4,500 and one for $1,500 to Mr. Emerson. The defendant received a discharge in bankruptcy on October 23, 1936, upon
a petition in which were listed the notes he had given to the plaintiffs. The auditor further found that the money was obtained
from the plaintiffs by the false and fraudulent representations of the defendant; that 'the notes given by the defendant to
the plaintiffs were given in discharge of his indebtedness to them for the amount of money which represented their personal
funds that went into the $10,000.00.' The Judge found that the notes were given by the defendant and accepted by the plaintiffs
in satisfaction and extinguishment of the original indebtedness; that there was an accord and satisfaction supported by a
consideration; that the only remedy the plaintiffs had was upon the notes; that there could be no recovery upon the pleading,
as holders of separate notes were joined as parties plaintiff; that the discharge in bankruptcy barred recovery on the notes;
and that the original cause of action for deceit was barred by the statute of limitations, as the payments of the defendant
were made upon the notes.

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