Eastwick v. Hugg
Pennsylvania Court of Common Pleas, Philadelphia County
THIS was an action for money had and received &c. The Defendant, being Sheriff of Gloucester county in New Jersey, received a sum of money for the Plaintiff, which he lent, with her consent, upon a mortgage of lands in that state. The mortgagor, from time to time, paid the interest to Hugg, and, finally, in the year 1778, paid the whole principal and interest to him in depreciated paper money.
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THIS was an action for money had and received &c. The Defendant, being Sheriff of Gloucester county in New Jersey, received a sum of money for the Plaintiff, which he lent, with her consent, upon a mortgage of lands in that state. The mortgagor, from time to time, paid the interest to Hugg, and, finally, in the year 1778, paid the whole principal and interest to him in depreciated paper money. It did not appear that Hugg had any express authority from the Plaintiff to receive this payment of the principal from the mortgagor, and she afterwards refused to accept the continental money,…
1Opinion of the Court
The President, after consideration, stated the circumstances of the case, and delivered the opinion of the Court, in the following manner:
Shippen, President.
The facts were shortly these:—The Defendant, then Sheriff of Gloucester county in New-Jersey, having in his hands a sum of money belonging to the Plaintiff, who resided in the city of Philadelphia, in the year 1772, with the consent of the Plaintiff, lent it to one of his neighbours in New-Jersey at seven per cent. interest. A bond and mortgage was taken for it in the name of the Plaintiff, which were left in the Defendants hands for the…
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