Chase v. Morey
Superior Court of New Hampshire
THIS was an action of assumpsit in two counts ; one for 700 dollars money loaned, and the other for so much money had and received.
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THIS was an action of assumpsit in two counts ; one for 700 dollars money loaned, and the other for so much money had and received. At the trial here upon the general issue, May term, 1818, it appeared in evidence that the defendant, in consideration of 700 dollars paid him by the plaintiff, October 12, 1811, conveyed to him a certain interest in a patent that Morey had invented, which interest was to commence after Morey had received 10,000 dollars profits from the sales of the patent. Morey also assigned to the plaintiff the immediate right to use said patent in the state of New- York, on…
1Opinion of the CourtWoodbury, J.
delivered the opiniot! of the court.
When money has been paid under a contract, it cannot, as a general principle, be recovered back, Unless the contract has been rescinded, or was tainted with fraud,«or was accompanied with a warranty that has not been fulfilled, or was, in its origin, without consideration(1.)
In this case, the attempt to rescind the contract was not seasonable ; and no evidence of fraud was offered, unless it results from the variance between the description of the patent in the specification and in the assignment. But that variance is only nominal; for though in one…
2Cited by1 opinion
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