Bank of Louisiana v. Ballard
Mississippi Supreme Court
ERROR from the circuit court of the county of Claiborne. This was an action of assumpsit for money paid and for money had and received, brought by the plaintiffs in error against the defendants, under the following circumstances: The defendants had drawn a bill of exchange on Bogart & Hoopes, of New Orleans, for twenty-two hundred and fifteen dollars and forty-six cents, due 13th April, 1836, which, by indorsement, became the property of the Branch of the Planters’ Bank at…
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ERROR from the circuit court of the county of Claiborne. This was an action of assumpsit for money paid and for money had and received, brought by the plaintiffs in error against the defendants, under the following circumstances: The defendants had drawn a bill of exchange on Bogart & Hoopes, of New Orleans, for twenty-two hundred and fifteen dollars and forty-six cents, due 13th April, 1836, which, by indorsement, became the property of the Branch of the Planters’ Bank at Port Gibson. Thomas B. Adams had likewise drawn a bill on Bogart &. Hoopes for twenty-two hundred and fifty-four dollars…
1Opinion of the Court
Clayton J.
stated the case and delivered the opinion of the court.
When money has by mistake in matter of fact been paid to a wrong person, or when one man has by fraud obtained the money of another, it may in either case be recovered back. The party receiving the benefit of another’s money under these circumstances, ought in right and justice to return it, and that is the foundation of the action for money had and received. Manufacturer’s and Mechanic’s Bank v. Gore, 15 Mass. Rep. 72; Bogart v. Nevins, 6 Serg. &. Rawle, 369; 9 Cowen, 685; 15 Wendell, 321. The defendants in this case availed…
2Cases cited1 opinion
- Wisner v. BulkleyNew York Supreme Court · 1836