Colville v. Besly
New York Supreme Court
Assumpsit for money had and received, tried at the Chautauque circuit in July, 1844, before Dayton, C. Judge. The defendants were merchants in the city of New-York, and at the time of the transactions hereafter referred to were the holders of two promissory notes dated 17lh September, 1841, for the payment of $564,72 each, made by Nelson The foregoing is the account given by J. Nelson, who was a witness for the plaintiff, of the negotiation by means of which the defendants…
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Assumpsit for money had and received, tried at the Chautauque circuit in July, 1844, before Dayton, C. Judge. The defendants were merchants in the city of New-York, and at the time of the transactions hereafter referred to were the holders of two promissory notes dated 17lh September, 1841, for the payment of $564,72 each, made by Nelson The foregoing is the account given by J. Nelson, who was a witness for the plaintiff, of the negotiation by means of which the defendants obtained the plaintiff’s note. A witness for the defendants who was present at some of the interviews, understood that…
1Opinion of the Court
By the Court, Jewett, J.
This is an action for money had and received by the defendants to the use of the plaintiff. It is denominated an equitable action, and is less restricted by technical rules than most others. It aims at the mere justice of the case, and looks entirely to the question whether the defendants hold money which in equity and good conscience belongs to the plaintiff. It is an appropriate action to recover back money paid upon a consideration which happens to fail; as where money has been paid by one party in contemplation of some act to be done by the other, which is the…
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