Buel v. Boughton
New York Supreme Court
Error to the Onondaga O. P. Buel sued Boughton for money had and received to his use; and the case was substantially as follows: One Charlotte Smith held a bond against the plaintiff for $2650, payable in six equal annual instalments, with annual interest from April 1st, 1843. James T-T Fuller, in right of his wife, owned and had an interest in the bond to the amount of $498,10. On the first day of April, 1843, the plaintiff gave James H. Fuller his negotiable promissory…
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Error to the Onondaga O. P. Buel sued Boughton for money had and received to his use; and the case was substantially as follows: One Charlotte Smith held a bond against the plaintiff for $2650, payable in six equal annual instalments, with annual interest from April 1st, 1843. James T-T Fuller, in right of his wife, owned and had an interest in the bond to the amount of $498,10. On the first day of April, 1843, the plaintiff gave James H. Fuller his negotiable promissory note for said sum of $498,10, having more than two years to run. The plaintiff agreed to make the note payable with…
1Opinion of the Court
By the Court, Bronson, Ch. J.
This is a remarkable casé. The plaintiff first omitted, by mistake, to maleé the note payable with interest, as he should have done; and then, by another mistake, he corrected the first error by paying interest, when the note itself imposed no such obligation. And thus by two blunders the parties have come out right at last. Or at least, the plaintiff has paid no more than he ought to pay; and there would be no ground for an action to recover back the money paid for interest, if the payment had been made to James H. Fuller, the payee of the note, against whom the…
2Cited by22 opinions
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- Merchants' & Miners' National Bank v. BarnesMontana Supreme Court · 1896
- People v. Van RensselaerNew York Supreme Court · 1850
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