Lott v. Swezey
New York Supreme Court
THIS was an appeal from a judgment entered at a special term, in favor of the plaintiff, upon a demurrer by the defendants to the complaint. The complaint alleged that on April 15, 1856, the defendants recovered a judgment against the plaintiff, in an action in the city court of Brooklyn, for $268.05. That oh April 27, 1857, the plaintiff paid to the défendants the amount of said judgment.
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THIS was an appeal from a judgment entered at a special term, in favor of the plaintiff, upon a demurrer by the defendants to the complaint. The complaint alleged that on April 15, 1856, the defendants recovered a judgment against the plaintiff, in an action in the city court of Brooklyn, for $268.05. That oh April 27, 1857, the plaintiff paid to the défendants the amount of said judgment. And that on an appeal to the general term of the supreme court, judgment was rendered on July 24, 1857, reversing the judgment of the city court, and ordering a new trial; and the plaintiff demanded…
1Opinion of the Court
By the Court, Emott, J.
This would have been an action for money had and received, before the code abolished all forms of action, or rather their names. An action for money had and received by the defendant to the use of the plaintiff lay whenever the defendant withheld from the plaintiff money, which justly and equitably belonged to him. In the language of Lord Mansfield, in Moses v. Macfarlane, (2 Burr. 1009,) “ it lay for money which, ex cequo et bono, the defendant ought to refund.” In that case that distinguished judge permitted the application of the action, and of the principles upon…
2Cases cited4 opinions
- The BANK OF THE UNITED STATES v. the Bank of WashingtonSupreme Court of the United States · 1832
- Mowatt v. WrightNew York Supreme Court · 1828
- Sturges v. Allis & LeeNew York Supreme Court · 1833
- Hall v. ShultzNew York Supreme Court · 1809
3Cited by21 opinions
- Haebler v. . MyersNew York Court of Appeals · 1892
- Peyser v. Mayor of New YorkNew York Court of Appeals · 1877
- City of Detroit v. MartinMichigan Supreme Court · 1876
- Scholey v. . HalseyNew York Court of Appeals · 1878
- Dodson v. ButlerSupreme Court of Arkansas · 1912
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