114 Mass. 121
Massachusetts Supreme Judicial Court
Decided November 15, 1873
Massachusetts Supreme Judicial Court · decided 1873-11-15
Bill in equity alleging that for five years previous to November 9, 1870, the plaintiff was in the habit of taking loans of money of one A. G. Peck; that in taking the loans, he deposited with Peck, as collateral security, notes secured by mortgages, bonds, checks, certificates of stocks, and indorsements; that he was in the habit of making payments to Peck on account, and taking up the collateral securities from time to time, whenever Peck stated that sufficient money had…
Relies on Commonwealth v. Sullivan
Good law ✅— No negative treatment on recordhow we know
Decided 1873-11-15
Cited by 7 later decisions — most recently July 1943
5 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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¶1This bill cannot be maintained for discovery, because it waives an answer under oath; nor for relief, because the plaintiff has a plain, adequate and complete remedy at law by an action for money had and received. Gen. Sts. c. 113, §§ 2, 4. 8th Rule in Chancery, 104 Mass. 570.
¶2Demurrer sustained, and bill dismissed.