State v. Kelsey
Supreme Court of New Jersey
This was an action for money had and received, brought by the State of New Jersey against the secretary of state by direction of the legislature. It was an action of assumpsit founded upon the obligation imposed by law on the secretary of state to pay over all the money collected by him as agent of the state. The declaration contained a special count for money had and received, and to this was joined the common counts.
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This was an action for money had and received, brought by the State of New Jersey against the secretary of state by direction of the legislature. It was an action of assumpsit founded upon the obligation imposed by law on the secretary of state to pay over all the money collected by him as agent of the state. The declaration contained a special count for money had and received, and to this was joined the common counts. The case was heard, by consent, before the court upon the following state of the case: It is admitted that Mr. Henry C. Kelsey was appointed, confirmed and commissioned as…
1Opinion of the CourtBeasley, C. J.
This suit is in form in assumpsit, its object being to recover from the defendant certain sums of money which he has retained in his hands, claiming them as perquisites of his office of secretary of state. The sums in question are admitted by the defendant to have been received by him, the only question in litigation being with respect to the legality of his claim to retain them.
The controversy thus presented relates to two several classes of claims, the one pertaining to the right which the defendant asserts he possessed, as secretary of state, to charge the state the sum of eight cents per…
2Cited by9 opinions
- McNeil v. Legislative Apportionment CommissionSupreme Court of New Jersey · 2003
- TRUSTEES OF RUTGERS COLLEGE IN NJ v. RichmanNew Jersey Superior Court Appellate Division · 1956
- Hill v. City of SummitNew Jersey Superior Court Appellate Division · 1960
- Presbyterian Church v. DIV. OF ALCOHOLIC BEV. CONNew Jersey Superior Court Appellate Division · 1958
- Silco Auto. Vending Co. v. PumaNew Jersey Superior Court Appellate Division · 1969
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