Legal Opinion

Canfield v. Monger

New York Supreme Court

Decided October 15, 1815PublishedCited by 12 opinions

IN ERROR, on certiorari to a justice’s court. Monger & Adams, the plaintiffs below, declared against Canfield, in trover, for a note drawn by Benjamin WilHams, payable to the plaintiffs, on which there was due about 18 dollars ; also a count for money had and received, and also ■for goods sold.

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IN ERROR, on certiorari to a justice’s court. Monger & Adams, the plaintiffs below, declared against Canfield, in trover, for a note drawn by Benjamin WilHams, payable to the plaintiffs, on which there was due about 18 dollars ; also a count for money had and received, and also ■for goods sold. From the evidence, it appeared, that the note ° ' 1 1 was put into the hands of John E. Canfield, to collect and apply towards the payment of a note which John E. Canfield held against the plaintiffs; and on which note the defendant below, as endorsee, had, the day before, commenced a suit against the…

1Opinion of the Court

Per Curiam,

Whether the money counts could be joined with a count in trover, is not a question before us ; no objection having been made in the court below, it is, therefore, to he taken as admitted by consent. The proof, however, did not *348support the count in traver; there was no conversion : the note was delivered to John E. Canfield to collect, and apply the money towards the payment of a note which he held against the plaintiffs below ; and, from the confession of the defendant, it appeared that he had received (he money, and that the note was discharged, and, probably, was given up to…

2Cited by12 opinions

  1. Greenup v. CrooksIndiana Supreme Court · 1874
  2. Smith v. WhitingMassachusetts Supreme Judicial Court · 1814
  3. Binck v. WoodNew York Supreme Court · 1864
  4. Edwards v. StewartNew York Supreme Court · 1853
  5. Cannon v. CastlemanIndiana Supreme Court · 1904

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