20 Mass. 18
Massachusetts Supreme Judicial Court
Decided March 15, 1825
Massachusetts Supreme Judicial Court · decided 1825-03-15
Assumpsit upon a memorandum in writing as follows : — “ Memdm. State Bank. No. 100 Dolls. cts. May 29, 1819. Pay to Capt. Cazneau or bearer one hundred dollars. Elisha Wheeler. To the cashier.” The word State was cancelled by a line drawn through it. The declaration contained the usual money counts ; also counts upon the memorandum as upon a promissory note, and as upon a bill of exchange.
Decided 1825-03-15
¶1without expressing an opinion in regard to the *19special counts, held, upon the authority of Grant v. Vaughan ln particular, that the action was sustainable upon the count for money had and received, and they referred to Bullard v Bell, 1 Mason, 243, and the cases there cited, in corrobo ration of their decision. See also Pierce v. Crafts, 12 Johns R. 90.
¶2Judgment according to the verdict.