McDonald v. Brown

This is an action for money had and received, upon which two questions arise. First, will the action lie for money tortiously taken from the defendant by plaintiff by force; and, if so, whether plaintiff is liable, where the money had passed out of his hands into those of another, before action brought ?

We resolve both propositions affirmatively.

The following facts present the two questions :

Clemson’s trunk was stolen, broken open, and money taken from it, though it is not shown how much. Brown, on being arrested on a warrant from McDonald, as a justice of the peace, and showing the trunk,…