Massachusetts Supreme Judicial Court, 1867

Wilde v. Baker

Wilde v. Baker
Massachusetts Supreme Judicial Court · Decided January 15, 1867 · Chapman
96 Mass. 349

Wilde v. Baker

Opinion of the Court

Chapman, J.

The money sought to be recovered in this action was paid to Baker as receiver of an insolvent insurance company, appointed by this court. He and his sureties are liable, unless the money was received under such circumstances that he is liable to repay it to those from whom he received it. But the facts show that the payments were so far voluntary that they cannot be recovered back. Benson v. Monroe, 7 Cush. 125.

Judgment for the plaintiff.

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