Beardsley v. Root
New York Supreme Court
THIS was an action for money had and received, brought to J recover money collected by the defendant, as attorney for the plaintiffs’ testator, in an action in which their testator was the plaintiff, against one Elijah Beardsley. The cause was tried at the Delaware circuit, in June, 1814, before Mr. Justice Spencer.
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THIS was an action for money had and received, brought to J recover money collected by the defendant, as attorney for the plaintiffs’ testator, in an action in which their testator was the plaintiff, against one Elijah Beardsley. The cause was tried at the Delaware circuit, in June, 1814, before Mr. Justice Spencer. The defendant became the purchaser, for 1,027 dollars, of a farm in Delhi, in Delaware county, owned and possessed by Elijah Beardsley, and sold under several executions, and; among others, an execution issued by Phinehas Beardsley, the plaintiffs’ testator, on a judgment for…
1Opinion of the CourtYah Ness, J.
It may be true that the defendant intended to purchase the farm mentioned in the case, for his client; though, judging from the facts before us, it would rather seem that he bought it on his own account. The fact of taking the deed directly to himself, and not to his client, affords a more clear indication of his real intention at the time of the sale, than his declarations made before and after. But admitting that lie meant to make the purchase in behalf of his principal, still, having no authority from him for that purpose, he cannot compel him, or his representatives, to accept of it. It…
2Cited by26 opinions
- Gaines v. MillerSupreme Court of the United States · 1884
- Rundle v. . AllisonNew York Court of Appeals · 1866
- Todd v. BettingenSupreme Court of Minnesota · 1910
- Foster v. WileyMichigan Supreme Court · 1873
- McFadden v. WilsonIndiana Supreme Court · 1883
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