Bentley v. Morse
New York Supreme Court
IN ERROR, on certiorari to a justice’s court. The plaintiff in error had an account, for work, against the defendant in error, which the latter paid, and took the receipt the plaintiff in error, for 24 dollars and 90 cents* In Jvovember, 1815, the plaintiff in error brought an action against the defendant in error, on his account, and recovered judgment. It did not appear that any defence was made.
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IN ERROR, on certiorari to a justice’s court. The plaintiff in error had an account, for work, against the defendant in error, which the latter paid, and took the receipt the plaintiff in error, for 24 dollars and 90 cents* In Jvovember, 1815, the plaintiff in error brought an action against the defendant in error, on his account, and recovered judgment. It did not appear that any defence was made. In December, in the same year, the parties happening to be together, the defendant observed to the plaintiff, that he had paid him a sum of m0nev. and held his receipt for it, (alluding to the…
1Per curiam
In consequence of the omission of the defendant in error, to make a defence in the former action against him, and to produce his receipt to show the payment of the debt, he was forever barred from maintaining an action to recover back the money he had paid; and the question now is, * whether the promise to repay the amount of the money expressed in the receipt is valid in law.
The debt having been paid, the recovery in the former action was clearly unjust; and though, in consequence of his neglect, the defendant in error lost all legal remedy to recover back his money ;(a) yet there was such a…
2Cited by13 opinions
- Wandling v. StrawWest Virginia Supreme Court · 1885
- Geer v. ArcherNew York Supreme Court · 1848
- Nelson v. DiffenderfferMissouri Court of Appeals · 1914
- Doyle v. ReillySupreme Court of Iowa · 1864
- Turlington v. SlaughterSupreme Court of Alabama · 1875
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