Brown v. Williams
New York Supreme Court
This was an action of assumpsit, tried at the New-York circuit in December, 1828, before the Hon. Ogden Edwards, one of the circuit judges. The declaraction contained the usual counts in indebitatus assumpsit for money had and received, &c.
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This was an action of assumpsit, tried at the New-York circuit in December, 1828, before the Hon. Ogden Edwards, one of the circuit judges. The declaraction contained the usual counts in indebitatus assumpsit for money had and received, &c. The plaintiff furnished a bill of particulars stating that the action was brought for money had and received by the defendant from one Oliver Dubois, on a note drawn by Samuel Ellison for $300, dated 6th May, 1816, payable to Dubois or order at the Bank of Newburgh, six months after date; which note was endorsed by Dubois aud subsequently by the plaintiff…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The action for money had and received is an equitable action, and, generally speaking, lies in all cases where the defendant has received money, or in some cases its equivalent, which in equity and good conscience he ought to pay the plaintiff. If it be conceded that the defendant has received payment of the note on which he was the holder from Dubois, and afterwards from the plaintiff, a case is presented in which the plaintiff ought to recover back from the defendant the money thus improperly received. Whether the instrument produced is evidence of such payment by…
2Cited by29 opinions
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- Spies v. . National City BankNew York Court of Appeals · 1903
- Providence Tool Co. v. PraderCalifornia Supreme Court · 1867
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