Smith v. Weeks
New York Supreme Court
THIS was an appeal from a judgment rendered at the Ulster circuit, in February, 1856. The cause was tried without a jury. The plaintiff gave in evidence a receipt, as follows: “ Kingston, January 26, 1853. Eeceived from Henry J. Smith ninety-eight dollars on Methodist church, and eighty dollars cash, on account. Whiting Weeks.” Also an order as follows: “ Mr. Henry J. Smith, pay 0. F. Phillips thirty-five dollars» and charge the same to my account.
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THIS was an appeal from a judgment rendered at the Ulster circuit, in February, 1856. The cause was tried without a jury. The plaintiff gave in evidence a receipt, as follows: “ Kingston, January 26, 1853. Eeceived from Henry J. Smith ninety-eight dollars on Methodist church, and eighty dollars cash, on account. Whiting Weeks.” Also an order as follows: “ Mr. Henry J. Smith, pay 0. F. Phillips thirty-five dollars» and charge the same to my account. January 27, 1853. Whiting Weeks.” The plaintiff then proved that in March, 1853, the defendant commenced proceedings against him, under the…
1Opinion of the Court
By the Court, Harris, J.
Hone will deny that the plaintiff ought to recover the money for which he has brought this action, if a recovery can he had without violating any principle of law. The defendant has had the money. It was paid hy the plaintiff, and yet he has received no benefit from such payment. Ordinarily, this is sufficient to lay the foundation for an action.
But it is insisted that this cannot he done without again drawing in question matters determined hy the judgment recovered by the defendant against the plaintiff. If this he so, the objection is, of course, fatal to the action.…
2Cases cited5 opinions
- Loring v. MansfieldMassachusetts Supreme Judicial Court · 1821
- Rowe v. SmithMassachusetts Supreme Judicial Court · 1820
- Cragie v. MellenMassachusetts Supreme Judicial Court · 1809
- Gary v. HullNew York Supreme Court · 1814
- Tilton v. GordonSuperior Court of New Hampshire · 1817
3Cited by8 opinions
- Greenup v. CrooksIndiana Supreme Court · 1874
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- Binck v. WoodNew York Supreme Court · 1864
- Doyle v. ReillySupreme Court of Iowa · 1864
- Farrington v. BullardNew York Supreme Court · 1863
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