Haddock v. Kelsey
New York Supreme Court
Error to the recorder’s court of the city of Buffalo. Kelsey sued Haddock in assumpsit for money had and received, &c. Haddock was postmaster at Buffalo, in 1844, and Kelsey was captain of a steamboat running upon Lake Erie.
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Error to the recorder’s court of the city of Buffalo. Kelsey sued Haddock in assumpsit for money had and received, &c. Haddock was postmaster at Buffalo, in 1844, and Kelsey was captain of a steamboat running upon Lake Erie. To sustain his action the plaintiff produced and proved a receipt as follows: “Received, Buffalo, Nov. 18, 1844, of Captain L. A. Kelsey, his receipt for mails carried by the Chesapeak, which are to be forwarded to the department and to be paid to him if paid by the department, amounting to $207,20. (Signed) C. C. Haddock, Postmaster.” He also gave in evidence a copy of…
1Opinion of the Court
By the Court,
Marvin, J.
The receipt of Nov. 18, 1844, given by Kelsey to Haddock, was, upon its face, an acknowledgment that he had received from Haddock, as postmaster, the whole amount of the account; and this account and receipt in the hands of Haddock authorized him to charge the amount in his account with the post office department, and the department *102was authorized to credit the amount in his account. This receipt was not conclusive upon Kelsey. He had a right, as between him and Haddock, to explain it, and show that in fact he had not received the money ; and for this purpose he…
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