Mowatt v. McLelan
New York Supreme Court
Error from the New-Yovk common pleas. The declaration contained the common money counts; plea, the general issue. The cause was tried in tiie common pleas, in July, r J 1827, and a special verdict found by the jury : That in the latter part of 1820, the defendant, as the attorney of Charity Wright, the widow of Doctor John G. Wright, commenced three actions of dower; that the defendants in those actions vouched the ancestor of the plaintiffs, to answer the actions, he having…
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Error from the New-Yovk common pleas. The declaration contained the common money counts; plea, the general issue. The cause was tried in tiie common pleas, in July, r J 1827, and a special verdict found by the jury : That in the latter part of 1820, the defendant, as the attorney of Charity Wright, the widow of Doctor John G. Wright, commenced three actions of dower; that the defendants in those actions vouched the ancestor of the plaintiffs, to answer the actions, he having warranted the title to tire tenants, who was summoned, but died before the return of the process; whereupon, leave' was…
1Opinion of the Court
By the Court,
Savage, Ch. J.
This was an action to recover back money paid by mistake. The defendant, as attorney for Mrs. Charity Wright, brought three actions of dower. The defendant in those actions vouched to warranty the ancestor of the Mowatts, the plaintiffs. The suits were compromised by the payment of $1000 to the defendant, as the attorney of Mrs. Wright; on the receipt of which, Mrs. Wright executed a release of her dower, and her children released their interest, and the suits were withdrawn. The defendant paid over to bis client’s orders $800, and retained $200 for his costs and…
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- Herrick v. GallagherNew York Supreme Court · 1871
- United States v. PinoverDistrict Court, S.D. New York · 1880
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