Maghee v. Kellogg
New York Supreme Court
This was an action of assumpsit upon the money counts, tried at the New-York circuit in February, 1838, before the Hon. Ogden Edwards, one of the circuit judges. The defendants, as the assignees of a judgment, recovered by David Meld against Emma Boyer for about $670 damages and costs, commenced a suit in the court of chancery, in the name of Field as complainant, but for their own benefit, against the plaintiff and others.
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This was an action of assumpsit upon the money counts, tried at the New-York circuit in February, 1838, before the Hon. Ogden Edwards, one of the circuit judges. The defendants, as the assignees of a judgment, recovered by David Meld against Emma Boyer for about $670 damages and costs, commenced a suit in the court of chancery, in the name of Field as complainant, but for their own benefit, against the plaintiff and others. In the bill filed it was alleged that a conveyance of certain lands, which had been made by Mrs. Boyer, the judgment debtor to the plaintiff in this suit, was fraudulent…
1Opinion of the Court
By the Court,
Bronson, J.
It is settled, so far as this court is concerned, that money paid on a judgment which is afterwards reversed on error, may be recovered back in an action of indebitatus assumpsit, for money had and received to the use of the party who paid it. Clark v. Pinney, 6 Cowen, 287. But it is said in this case, that the action should have been brought against Pield, the nominal complainant in the court of chancery, and not against the defendants, who were his assignees; and the case of Lyman v. Edwards, 2 Day, 153, is relied on by the defendants. That case has already been…
2Cases cited1 opinion
- Field v. MagheeNew York Court of Chancery · 1836
3Cited by8 opinions
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- Meshke v. Van DorenWisconsin Supreme Court · 1862
- Henderson v. Three Hundred Tons of Iron OreU.S. Circuit Court for the District of Southern New York · 1889
- Miller v. FerryNew York Supreme Court · 1888
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