Gunn v. Cantine
New York Supreme Court
THIS was an action of assumpsit, for money had and received to the use of the plaintiff. The cause was tried at the Columbia circuit, in October, 1812, before Mr. Justice Van Ness. The plaintiff produced m evidence a receipt by the defendant 1 . , as tollows: Received ot Daniel uunn an article of agreement between Barent Stryker and Alexander Boyd, dated the 20th December, 1802, assigned to Stephen Simmons, to collect the money therein contained.” Signed “ Moses I. Cantine.”
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THIS was an action of assumpsit, for money had and received to the use of the plaintiff. The cause was tried at the Columbia circuit, in October, 1812, before Mr. Justice Van Ness. The plaintiff produced m evidence a receipt by the defendant 1 . , as tollows: Received ot Daniel uunn an article of agreement between Barent Stryker and Alexander Boyd, dated the 20th December, 1802, assigned to Stephen Simmons, to collect the money therein contained.” Signed “ Moses I. Cantine.” The defendant admitted that he collected, on the agreement specified m the receipt, in August, 1810, the sum of 310…
1Per curiam
It appears affirmatively, from the case, that the plaintiff had no beneficial interest in the money collected. He was a mere attorney employed by Simmons to collect this debt; and there was no express promise by the defendant to pay the money collected to the plaintiff.
The letter of attorney was revocable at pleasure; and the law will not raise any assumpsit to the plaintiff from the facts in this case. This is, by no means, so strong a case as that of Pigott v. Thompson, (3 Bos. & Pull. 147.) and yet in that case the agent was not permitted to sue in his own name. The defendant is entitled…
2Cited by15 opinions
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