White v. Comstock
Supreme Court of Vermont
This was an action of assumpsit for money had and received. Plea, non-assumpsit. The plaintiff adduced evidence, tending to prove that Eb-enezer White, plaintiff’s father, previous to June, A. D. 1829, was indebted to the defendant, Comstock, by note in the sum of about $920, secured by mortgage. An action of ejectment was commenced by Comstock on said mortgage, and judgment recovered.
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This was an action of assumpsit for money had and received. Plea, non-assumpsit. The plaintiff adduced evidence, tending to prove that Eb-enezer White, plaintiff’s father, previous to June, A. D. 1829, was indebted to the defendant, Comstock, by note in the sum of about $920, secured by mortgage. An action of ejectment was commenced by Comstock on said mortgage, and judgment recovered. On motion for redemption, the sum of $931 59,,-including costs, was found due, and time of redemption grant-. ed until June, 18, 1830. — That about one month before the time of redemption expired, the said…
1Opinion of the Court
*409The opinion of the court was pronounced by
Williams, Ch. J.
— This action, though in form an action of assumpsit, for money had and received, appears to have been an action to recover a penalty. This penalty is given by the s.tatute, to any one who shall prosecute for the same. Although Comstock, the defendant, may have in his hands money which he ought not to retain as against Eben White, yet he may retain it, as against this plaintiff, and is under no obligation, either moral or legal, except by force of the statute, to pay him. So far as the statute gives a right of action to any one, to sue…
2Cases cited1 opinion
- Hubbell v. GaleSupreme Court of Vermont · 1830
3Cited by7 opinions
- Wellman v. MeadSupreme Court of Vermont · 1919
- United States v. ShapleighCourt of Appeals for the Eighth Circuit · 1893
- Welch v. JugenheimerSupreme Court of Iowa · 1881
- Guild v. PrentisSupreme Court of Vermont · 1910
- Burnett v. WardSupreme Court of Vermont · 1869
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