Moore v. Moore

Massachusetts Supreme Judicial Court
Moore v. Moore, 50 Mass. 417 (Mass. 1845)
Shaw

Moore v. Moore

Opinion of the Court

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,.

Reference

Full Case Name
Pliny Moore v. Edward Moore
Status
Published