Wagner v. Watts
U.S. Circuit Court for the District of District of Columbia
Assumpsit for $3000, money had and received by the defendant to the plaintiff’s use, being the proceeds of the sale of the stock of books and stationery of Mr. Richards, a bookseller in Georgetown, under a mortgage made.by him to the defendant, dated 3d of May, 1817, and upon which the plaintiff claimed to haye a prior mortgage, dated 1st of February, 1817. The property conveyed by the mortgage to the plaintiff was thus described: “The whole of my stock of books and…
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Assumpsit for $3000, money had and received by the defendant to the plaintiff’s use, being the proceeds of the sale of the stock of books and stationery of Mr. Richards, a bookseller in Georgetown, under a mortgage made.by him to the defendant, dated 3d of May, 1817, and upon which the plaintiff claimed to haye a prior mortgage, dated 1st of February, 1817. The property conveyed by the mortgage to the plaintiff was thus described: “The whole of my stock of books and stationery now remaining in my possession, and also such additions thereto as I may hereafter make from time to time to the…
1Opinion of the Court
The CouRT
gave the instruction as prayed, and further instructed, the jury, that the plaintiff could not recover for any part of the stock of goods which was acquired by Bichards subsequently to the date of the first mortgage, whether such additions to the original stock of goods consisted of goods bought with the proceeds of the sales of the said original stock, or of goods exchanged for the same as aforesaid.
The plaintiff took a bill of exceptions, but no writ of error.
Verdict for defendant.
But see 2 Eq. Ca. Ab. 479, 480, and Bucknal et al. v. Roiston,. Prec. in Chan. 285.
2Cited by11 opinions
- Belknap v. SchildSupreme Court of the United States · 1896
- McCracken v. City of San FranciscoCalifornia Supreme Court · 1860
- McCreery Engineering Co. v. Massachusetts Fan Co.Court of Appeals for the First Circuit · 1912
- Stamford Bank v. FerrisSupreme Court of Connecticut · 1845
- German Ins. Co. v. City of ManningU.S. Circuit Court for the Southern District of Iowa · 1897
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