Langley v. . Warner
New York Court of Appeals
James Langley and Henry G. Langley brought assumpsit in the superior court of the city of New-York, against Thomas Warner, and declared for money had and received.
Read the full summary
James Langley and Henry G. Langley brought assumpsit in the superior court of the city of New-York, against Thomas Warner, and declared for money had and received. At the trial before Yanderpool, J. the jury found a special verdict stating the case in substance as follows : On the 14th of November, 1845, one Walsh recovered in the marine court of said city, judgment against the plaintiffs in this suit for the sum of $76,22. Execution was immediately issued to the proper officer, who collected the money from the. plaintiffs, and on the 25th of the same month paid it to the defendant, who was…
1Opinion of the Court
Bronson, Ch. J.
If the defendant had been the assignee of the demand on which the suit was brought by Walsh in the marine court, and had commenced and carried on the suit in the name of Walsh, but for his own benefit, he would have been bound, on the reversal of the judgment, to refund the money which had been collected on the execution. (Maghee v. Kellogg, 24 Wend. 32; Catlin v. Allen, 17 Verm. 158.) But no such facts are found by the jury; and the rule is, that a special verdict must find facts—not evidence; and it must find all the facts which are essential to the party’s title, and not…
2Cases cited3 opinions
- Miller v. FranklinNew York Supreme Court · 1839
- Catlin v. AllenSupreme Court of Vermont · 1845
- Taylor v. BolmerNew York Supreme Court · 1846
3Cited by33 opinions
- Pittsburgh, Cincinnati & St. Louis Railroad v. SpencerIndiana Supreme Court · 1884
- Carson v. Federal Reserve BankNew York Court of Appeals · 1930
- Perkins v. HaywardIndiana Supreme Court · 1890
- People Ex Rel. Green v. Dutchess & Columbia RailroadNew York Court of Appeals · 1874
- Forstman v. . SchultingNew York Court of Appeals · 1888
28 more not listed; retrieve them via the Exa API.