Boyd v. Barclay
Supreme Court of Alabama
Writ of error to the Circuit Court of Macon County. Action of assumpsit on the money counts. Plea,, non assumpsit. THE bill of exceptions taken by Boyd, at the trial, declares that sometime during the year 1836, he was the captain of a company of volunteers engaged against the Creek Indians; that the company was supplied with neither waggons or provisions by the General Government; but supplied ihemselves.
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Writ of error to the Circuit Court of Macon County. Action of assumpsit on the money counts. Plea,, non assumpsit. THE bill of exceptions taken by Boyd, at the trial, declares that sometime during the year 1836, he was the captain of a company of volunteers engaged against the Creek Indians; that the company was supplied with neither waggons or provisions by the General Government; but supplied ihemselves. Upon disbanding, the company determined to charge the Government for a waggon and team, and if pay was received the company was to divide it among themselves. Barclay was not a member of…
1Opinion of the CourtGoldthwaite, J.
— The facts of this case disclose a transaction by which the United States were defrauded of a sum of money; and one of the parties to the fraudulent transaction seeks to recover from another, the amount received from the United States, on the pretence that it was paid to the defendant as agent for the plaintiff, for a demand made out and allowed in his name.
If Barclay’s name had been used without his knowledge or consent, to carry into effect the illegal object to be attained, his right to recover the money received could not be disputed, unless Boyd had been notified by the United States,…
2Cited by7 opinions
- Baird v. HowisonSupreme Court of Alabama · 1908
- McGehee v. LindsaySupreme Court of Alabama · 1844
- Morris v. HallSupreme Court of Alabama · 1868
- Kennedy v. LonabaughWyoming Supreme Court · 1911
- Hill v. FreemanSupreme Court of Alabama · 1882
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