A Selection of Cases On the Law of Quasi Contracts volume 1
A Selection of Cases On the Law of Quasi Contracts volume 1
Keener, William A. (William Albert), 1856-1913
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3 10 Verm. 141. * 17 Mass. 33, 42. ^ Eouvant v. San Antonio National Bank, 63 Tex. 610, accord. —Ed. « 4 Ohio St. 628. 2G0 CARPENTER V. NORTHBOROUGII NATIONAL BANK. [CIIAP. II. in good faith . But tliat docs not exclude such omission of due precaution s as to deprive them of the right to throw the loss u pon another party who acted in like good faith, and alsowithout fault or want of due care. It is possible that the defendants may have received the check under cir- cumstances which would exone...rate them from the imputation of any actual fault or neglect. But the agreed statement fails to disclose any such expla- nation. A majority of the court are therefore of opinion that the judgment must be for the plaintiff, for the amount of the check and interest from the time it was paid. Ordered accordingly. CYRUS CARPENTER and Others v. NORTHBOROUGH NATIONAL BANK. In the Supreme Judicial Court of Massachusetts, July 3, 1877. [Reported in 123 Massachusetts Reports, 66. ] Contract for money had and received.
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