MOSES V. MACPHERLAN
97 Eng.Rep. 676 (1760)
NATURE OF THE CASE: This was an action in quasi-contract over an agreement relating to
notes.
FACTS: Moses had four notes from Jacob dated 1757 each with a value of 30s. Macpherlan
prevailed upon Moses to indorse the notes to him upon an express agreement of
indemnification to Moses against all consequences of such indorsement and that no suit
should be brought against Moses but only against Jacob the drawer. Macpherlan then brought
four actions in equity against Moses upon the very notes he promised to indemnify Moses
from. At trial, the court refused to go into any evidence of the agreement and Macpherlan
recovered the whole sums. Moses (P) then brought indebitatus assumpsit against Macpherlan
(D) for money had and received to his use.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
Get
free access to the entire content for Mac, PC or Online
for 2-3 days and free samples
of all kinds of products.
for 2-3 days and free samples of all kinds of products.
https://bsmsphd.com
© 2007-2016 Abn Study Partner
No comments:
Post a Comment