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72 Mass. 239

Small v. Sumner

Massachusetts Supreme Judicial Court · decided 1856-03-15

Action of tort against a deputy sheriff to recover the value of a drove of cattle attached and sold by him as the property of the plaintiff, on a writ sued out by Avery Wellington. At the trial in this court, before Thomas, J., it appeared that in that action Wellington became nonsuit, and that Small’s authorized attorney afterwards received of Sumner the sum of ¡¡>786.75, and signed and delivered to him this receipt: “ Boston, 23d March 1849.

Decided 1856-03-15

Biselow, J.

¶1The receipt given by the duly authorized attorney of the plaintiff acknowledges that the net proceeds of the sale of the cattle were paid to him. This settlement was made with a full knowledge of all the facts by both parties. No mistake is shown, and no fraud or deceit is alleged or proved. It was therefore a good accord and satisfaction, and the plaintiff cannot now go behind it, and recover in this action for money to which, after a full and fair settlement, in equity and good conscience he shows no claim.

¶2Verdict set aside; plaintiff nonsuit.

No counsel appeared for the plaintiff in review.B. Dean, for the defendants in review.
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