Lazell v. Miller
Massachusetts Supreme Judicial Court
Assumpsit for money had and received. The action was submitted to the determination of the Court, on certain facts agreed by the parties. The plaintiff, in the year 1808, recovered a judgment against James Thacher and Nathan Hayward, for 8383 dollars, and levied his execution, on the 27th of October, in the same year, upon an individual moiety of a furnace and its appurtenances, that being the share or purparty of the said judgment debtors therein.
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Assumpsit for money had and received. The action was submitted to the determination of the Court, on certain facts agreed by the parties. The plaintiff, in the year 1808, recovered a judgment against James Thacher and Nathan Hayward, for 8383 dollars, and levied his execution, on the 27th of October, in the same year, upon an individual moiety of a furnace and its appurtenances, that being the share or purparty of the said judgment debtors therein. The defendant, in November, 1808, recovered a judgment against the same persons, for 375 dollars, having, in that suit, attached the said furnace,…
1Opinion of the Court
By the Court.
It appears that the money demanded in this action was paid by the plaintiff to the defendant under a mistake of fact, and he now claims the money so paid by him. Equity is wholly with the plaintiff. But the defendant objects that the judgment under which he received the money is still in full force, and that it is not competent to the plaintiff now to go into the merits of that judgment, or again to try that action. If the plaintiff had paid the rents and profits voluntarily, and without a suit, it will not be contended that he could not recover them back in this action, in the…
2Cited by23 opinions
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- Newman v. . Supervisors of Livingston Co.New York Court of Appeals · 1871
- Elston v. City of ChicagoIllinois Supreme Court · 1866
- Town of Ligonier v. AckermanIndiana Supreme Court · 1874
- Dupuy v. RoebuckSupreme Court of Alabama · 1845
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