Canfield v. Monger
New York Supreme Court
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
- Greenup v. CrooksIndiana Supreme Court · 1874
- Smith v. WhitingMassachusetts Supreme Judicial Court · 1814
- Binck v. WoodNew York Supreme Court · 1864
- Edwards v. StewartNew York Supreme Court · 1853
- Cannon v. CastlemanIndiana Supreme Court · 1904
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