Barker v. Parker
Supreme Court of Arkansas
Error to Bradley Circuit Court. i Hon. John C. Murray, Circuit Judge. Beyond doubt actions for money had and received may be maintained against third persons who receive money to be paid over to others. Ch. on Con. 615; Amos vs. Ashley, 4 Pick. 71. But Parker being liable on the note with Ervin, and undertaking to discharge the agency, established his liability beyond question.
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Error to Bradley Circuit Court. i Hon. John C. Murray, Circuit Judge. Beyond doubt actions for money had and received may be maintained against third persons who receive money to be paid over to others. Ch. on Con. 615; Amos vs. Ashley, 4 Pick. 71. But Parker being liable on the note with Ervin, and undertaking to discharge the agency, established his liability beyond question. Even if he had been a volunteer in' receiving the money and undertaking to pay it over, his liability would have been fixed. Ch. on Con. 617, to 619; 17 III Rep. 170; 9 N. Ilamp. 55, 63; 11 Wend. 477. The suit is not…
1Opinion of the CourtChief Justice English
Assumpsit by George M. Barker against Uriah H. Parker.
The first count in the declaration alleged, in substance, that on the 26th of March, 1857, one JarnesErvin, Benj’n. W. Martin and defendant executed a writing obligatory, by which they promised, thirty days after its date, to pay to John R. Barnett and the plaintifF, $406 60 for value received, with ten per cent, interest from maturity. That on the 27th of April, 1857, Ervin, who was principal in the bond, and for whom Martin and defendant were sureties, paid over to the defendant the full sum stipulated to be paid thereby, with the…
2Cases cited1 opinion
- Armstrong v. TolerSupreme Court of the United States · 1826
3Cited by1 opinion
- Owens v. DavenportMontana Supreme Court · 1909