¶1The referees have expressly negatived the plaintiff’s concession in the submission, that he had no other demand on the plaintiff than for money received; and that concession will, therefore, be no bar to his recovery in a future action, if he shall prove in such action that, by the defendant’s loches, the notes be longing to the plaintiff have become of no value to him.
7 Mass. 359
Boyd v. Davis
Massachusetts Supreme Judicial Court
Decided March 15, 1811
Massachusetts Supreme Judicial Court · decided 1811-03-15
<p>Where an action for money had and received was submitted, by a rule of the Court to referees, and in the rule the plaintiff agreed that he had no other demand against the defendant; the referees reported that the defendant still held sundry notes, the proceeds of which, when collected, would belong to the plaintiff, and gave a list of them, such agreement is no bar to a future action for the said proceeds when collected.</p>
Decided 1811-03-15