Murray v. Richards
New York Supreme Court
Error from the New-York common pleas. The action in the court below was assumpsit for money had and received. Blea, the general issue.
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Error from the New-York common pleas. The action in the court below was assumpsit for money had and received. Blea, the general issue. Thé cause was tried in September, 1827, and a verdict rendered for the plaintiff for $58,57. It appeared from the bill of exceptions attached to the record, t^at ^lom the 15th day of May, 1824, to the 30th May, 1825, the steam vessel called “ the New-York” stood on the custom house books as the property of the defendants below, Francis Barretto, jun. Charles N. 8. Rowland and Jonathan Bartlett; that.a projet was set on foot by the defendants, for forming a…
1Opinion of the Court
*61By the Court,
Sutherland, J.
The verdict of the jury settles the question of fact, that the $50 paid by Richards to the Murrays on the 8th of April, 1825, and which he now seeks to recover back, were paid generally on account of his subscription to the stock of the steam brig “ The New-York,” and not upon any special contract or understanding, express or implied.
The court properly instructed the jury, that if the ten per cent, was paid in for the purpose of creating a fund for making the experiment of one or more voyages with the brig to Norfolk, and had been expended for that purpose, or if…
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