Cochran v. Carrington
New York Supreme Court
Assumpsit by a tenant in common against his co-tenants. The parties in this case were joint owners of a schooner navigating Lake Ontario. The defendants, in 1839, chartered the vessel to a third person for §1100, and received most of the money.
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Assumpsit by a tenant in common against his co-tenants. The parties in this case were joint owners of a schooner navigating Lake Ontario. The defendants, in 1839, chartered the vessel to a third person for §1100, and received most of the money. The plaintiff brought assumpsit against them for money had and received, to recover his moiety, the cause was heard by referees; and after the proofs were closed, the counsel for the defendants objected that an action for money had and received would not lie, the remedy of the plaintiff being by an action of account or bill in equity. The referees…
1Opinion of the Court
By the Court,
Nelson, C. J.
The only question in this case, is, whether a remedy exists at law. It is contended that the plaintiff must resort to the action of account, or bill in equity, to recover the money claimed by him.
It 'has been frequently held in this court, that on a sale of a chattel by the joint owner, and receipt of the money, the co-tenant may recover his moiety in the action for money had and received. 2 Caines, 166 ; 15 Johns. R. 159; Wheat. Selw. 79. The principle, I think, may well govern the present case. The one is the sale of the whole interest in the chattel, the other a…
2Cases cited2 opinions
- Brigham v. EvelethMassachusetts Supreme Judicial Court · 1813
- Seldon v. HickockNew York Supreme Court · 1804
3Cited by4 opinions
- Andrews v. MurphySupreme Court of Georgia · 1853
- Dean v. ChamberlinThe Superior Court of New York City · 1857
- Coleman v. Coleman, Pennsylvania Court of Common Pleas, Lebanon County1858
- Small v. RobinsonNew York Supreme Court · 1876