Knox v. Abercrombie
Supreme Court of Alabama
Writ of Error to the Circuit Court of Montgomery. The defendant in error declared against the plaintiff inm-debitatus assumpsit, for money had and received, &c., and the cause was tried by a jury, who returned a verdict in favor of the plaintiff below, for $1,490 52, damages, on which judgment was rendered.
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Writ of Error to the Circuit Court of Montgomery. The defendant in error declared against the plaintiff inm-debitatus assumpsit, for money had and received, &c., and the cause was tried by a jury, who returned a verdict in favor of the plaintiff below, for $1,490 52, damages, on which judgment was rendered. From a bill of exceptions sealed at the instance of the defendant, it appears that Knox & Co. as the holders of a bill of exchange, in the fall of 1838, recovered separate judgments against Riddle as acceptor, Walker as drawer, and the plaintiff as indorser. On the 10th December, 1838,…
1Opinion of the CourtCollier, C. J.
The action for money had and received, it may be laid down generally, lies for money which ex aequo et bono, the defendant ought to refund, as for money paid by mistake, or upon a consideration which fails; or for money obtained by imposition, extortion or oppression; or by taking an undue advantage of the plaintiff’s situation. [3 Mass. Rep. 74; 1 Wend. R. 360; 6 Sergt. & R. Rep. 369; 2 Burr. Rep. 1012.] It may be maintained on a consideration which has failed, or on a contract rescinded, or not performed. [1 Esp. Rep. 150, 268; 4 Id. 221; 4 Taunt. Rep. 334; 2 W. Bla. Rep. 1078. [ Money paid…
2Cases cited9 opinions
- Fowler v. ShearerMassachusetts Supreme Judicial Court · 1810
- Clark v. PinneyNew York Supreme Court · 1826
- Brown v. WilliamsNew York Supreme Court · 1830
- Dupuy v. RoebuckSupreme Court of Alabama · 1845
- Lazell v. MillerMassachusetts Supreme Judicial Court · 1818
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Town Council of Cahaba v. BurnettSupreme Court of Alabama · 1859
- Ex parte Walter Bros.Supreme Court of Alabama · 1889
- Stallworth v. PreslarSupreme Court of Alabama · 1859
- Smith v. HarrisonSupreme Court of Alabama · 1859