COOKSON GROUP v. FLYNN


1997 Mass. App. Div. 173 (1997)

Cookson Group v. William B. Flynn, and another

Massachusetts Appellate Division, Southern District.

October 20, 1997.


Attorney(s) appearing for the Case

Maria J. Goncalves for the plaintiff.

Richard A. Henderson for the defendants.

Present: Aguiar, P.J., Welsh & Crimmins, JJ.


Crimmins, J.

This appeal raises the issue of whether the Court erred in granting plaintiff's motion for summary judgment on an action for money had and received and converted, when the plaintiff paid a rent installment on the mistaken belief it was due as owing, when in fact it had already been paid.

We find no error.

The facts are as follows:

The defendants owned property that was leased to the plaintiff. Plaintiff's employees (Mr. & Mrs...

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