Waite v. Leggett
New York Supreme Court
Assumpsit for money had and received; tried at the Washington circuit, in June, 1825, before Duer, 0. Judge; wben the following facts were in evidence: January 2d, 1807, Waite executed his bond and warrant *° confess judgment to Leggett, for items of account fur- nisbed by the latter, to his attorney, amounting to $1579 64, on which judgment was entered.
Read the full summary
Assumpsit for money had and received; tried at the Washington circuit, in June, 1825, before Duer, 0. Judge; wben the following facts were in evidence: January 2d, 1807, Waite executed his bond and warrant *° confess judgment to Leggett, for items of account fur- nisbed by the latter, to his attorney, amounting to $1579 64, on which judgment was entered. October 28th, 1807, Leggett furnished to his attorney vouchers of his demand against Waite, and among others, a note dated July 4th, 1804, for $1546 06, bearing interest from the date; and after considerable payments on the judgment, a…
1Opinion of the Court
Curia, per Sutherland, J.
It is admitted that the note for $1546 06, given by Waite to Leggett, on the 4th of July, 1806, was erroneously dated on the 4th of July, *197*1804; and that, deducting from the account of Leggett against Waite, the interest which has been charged upon the note as accruing from 1804 to 1806, he has been overpaid to the amount of $63 62, including interest, for which the verdict was found; and the question is, whether, under the circumstances, this money can be recovered back? It appears from the evidence, that when Waite gave the note in question, Leggett gave him a…
2Cases cited1 opinion
- Potter v. EverettThe Superior Court of New York City · 1829
3Cited by17 opinions
- Koontz v. Central National BankSupreme Court of Missouri · 1873
- Columbus Insurance v. WalshSupreme Court of Missouri · 1853
- W. Va. Transportation Co. v. SweetzerWest Virginia Supreme Court · 1885
- Mathews v. City of KansasSupreme Court of Missouri · 1883
- Davis v. KlingNew York Supreme Court · 1894
12 more not listed; retrieve them via the Exa API.