McMurray v. Rawson
New York Supreme Court
Account, The declaration demands an account, for that the Said Edward B. Rawson, at, &c. was the receiver of the moneys of the plaintiff from the 23d July,. 1834, to the 23d July, 1839, and during that time received of the plaintiff’s moneys at the place aforesaid the sum of $7000, and thereof to render the plaintiff a reasonable account on demand. Yet he has not rendered an account, See.
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Account, The declaration demands an account, for that the Said Edward B. Rawson, at, &c. was the receiver of the moneys of the plaintiff from the 23d July,. 1834, to the 23d July, 1839, and during that time received of the plaintiff’s moneys at the place aforesaid the sum of $7000, and thereof to render the plaintiff a reasonable account on demand. Yet he has not rendered an account, See. Second count: For that Rawson, at, &c. was the receiver of the moneys of the plaintiff as a partner in merchandize and trade with Rawson, from, &c. to, &c., and during that time received of the plaintiff’s…
1Opinion of the CourtBronson, J.
At the common law, the action of account lies against guardians in socage, bailiffs and receivers; and. in *61favor of trade, by one merchant against another. By statute, it lies against a joint tenant or tenant in common of real estate for receiving more than his just share or proportion. (1 R. S. 750, § 9.) This statute also gives an action of assumpsit for money had and received. The older statutes from which this revision was taken, required that the defendant should be charged as bailiff. (1 R. L. of 1813, p. 90.)
When the defendant is charged as bailiff, the declaration specifies the…
2Cases cited4 opinions
- Bishop v. DexterSupreme Court of Connecticut · 1818
- James v. BrowneSupreme Court of the United States · 1788
- Jacobs v. FountainNew York Supreme Court · 1838
- Whelen v. WatmoughSupreme Court of Pennsylvania · 1827