Bulkley v. Stewart
Supreme Court of Connecticut
In the original action, CTION of indebitatus assumpsits The declaration stated, that on the 13th of April, 1798, the defendant applied to Stewart, and others, to subscribe a policy, insuring S3,000 on the cargo of the brig Polly, from the Havannah to New-York, and represented to them, that the situation of the brig and cargo, as to safety, loss, or injury, was then wholly unknown to him ; that Stewart, relying on this representation, subscribed the policy for 8100 ; that, in…
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In the original action, CTION of indebitatus assumpsits The declaration stated, that on the 13th of April, 1798, the defendant applied to Stewart, and others, to subscribe a policy, insuring S3,000 on the cargo of the brig Polly, from the Havannah to New-York, and represented to them, that the situation of the brig and cargo, as to safety, loss, or injury, was then wholly unknown to him ; that Stewart, relying on this representation, subscribed the policy for 8100 ; that, in truth, the brig and cargo were, at that time, wholly lost, which was then well known to the defendant, but of which…
1Opinion of the Court
By the Court.
To maintain this action, the prim* ripie must be assumed, that money paid in obedience to an award of arbitrators, may be recovered back, by impeaching the conduct of the party, in obtaining the award ; and, in a form of action not at all applicable to the question raised between the parties. The action of indeli-tatus assumpsit for money had and received, though gov* emed by equitable principles, and not to be sustained ⅛ opposition to equity, cannot be substituted for that mode of relief, which belongs only to chancery.
The plaintiffs, in this case, treat the award as void* and…
2Cited by8 opinions
- Mowatt v. WrightNew York Supreme Court · 1828
- Hall v. HallSupreme Court of Connecticut · 1917
- Sheldon v. South School District in the West SocietySupreme Court of Connecticut · 1855
- Hollingsworth v. HandcockSupreme Court of Florida · 1857
- Woodrow v. O'ConnerSupreme Court of Vermont · 1856
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