Burnap v. Partridge
Supreme Court of Vermont
This was an action of assumpsit, and the count which was principally relied on was for money had and received. On the trial in the county court it appeared in evidence that the defendant, being superintendent and sole proprietor of the military academy at Norwich, made an agreement with the plaintiff, that if he, the plaintiff, would sell to the cadets in said institution such articles, and such only, as said defendant should permit them to purchase, at a certain price named…
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This was an action of assumpsit, and the count which was principally relied on was for money had and received. On the trial in the county court it appeared in evidence that the defendant, being superintendent and sole proprietor of the military academy at Norwich, made an agreement with the plaintiff, that if he, the plaintiff, would sell to the cadets in said institution such articles, and such only, as said defendant should permit them to purchase, at a certain price named for each article, he the defendant would approve the accounts of the plaintiff for said articles as correct against the…
1Opinion of the CourtWilliams, J.
delivered the opinion of the Court. — This case is to be determined in the same manner as it would be if there was no other count in the declaration than one for money had and received. In deciding this question it is altogether immaterial whether the defendant was originally liable to the plaintiff for the goods which are the subject of this controversy. If the defendant was liable in an action for money had and received, in consequence of his having sent the accounts receipted, as stated in the case, when he had not received the money thereon, or had not received credit therefor in an…
2Cited by10 opinions
- Todd v. BettingenSupreme Court of Minnesota · 1910
- Drown's Guardian v. Chesley's EstateSupreme Court of Vermont · 1917
- Gleason & Field v. L. T. Kinney's AdministratorSupreme Court of Vermont · 1893
- Brady v. BrennanSupreme Court of Minnesota · 1878
- Kidney v. PersonsSupreme Court of Vermont · 1868
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