Armstrong v. Garrow
New York Supreme Court
before Throop, C. Judge. Assumpsit, tried at the Cayuga circuit, March, 1826, The capias was returnable the 3d Monday of October, 1825. The declaration was against the defendant, describing him as sheriff of Cayuga ; and contained the common ° counts tor money had and received, &c. against T. Mumford, for $436,50, in this court; a ca. sa. tested May term, 1825, returnable August term,' dorsed, “ receive $436,50, and discharge the defendant;” At the trial, the plaintiff…
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before Throop, C. Judge. Assumpsit, tried at the Cayuga circuit, March, 1826, The capias was returnable the 3d Monday of October, 1825. The declaration was against the defendant, describing him as sheriff of Cayuga ; and contained the common ° counts tor money had and received, &c. against T. Mumford, for $436,50, in this court; a ca. sa. tested May term, 1825, returnable August term,' dorsed, “ receive $436,50, and discharge the defendant;” At the trial, the plaintiff proved a judgment in his favor tested May term, 1825, returnable August terra, 1825, en-which, it appeared, was returned and…
1Opinion of the Court
Curia, per
Savage, Ch. J.
The general principle is not denied, that this action lies in all cases where any one has received the money of another, and refuses to pay it over. I can see no reason why an officer who has collected money on an execution, and refuses to pay it to the owner, should not be liable as for money had and received. The action is recommended by its simplicity, and should be encouraged where the defendant is in no danger of being misled, or taken by surprise, which cannot be pretended in this case. The sheriff has received money for the plaintiff’s use; and having refused to…
2Cases cited7 opinions
- Floyd v. DayMassachusetts Supreme Judicial Court · 1807
- Beardsley v. RootNew York Supreme Court · 1814
- Cumming & Cumming v. Hackley & FisherNew York Supreme Court · 1811
- Witherby v. MannNew York Supreme Court · 1814
- Love v. PalmerNew York Supreme Court · 1810
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
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