Coles v. Coles
New York Supreme Court
THIS was an action of assumpsit for money had and received. The cause wds tried before Mr. J. Yates, at the New- York sittings, in November, 1816. It was proved, on the part of the plaintiff, that in January, 1813, Stephen Coles, deceased, and Willet Coles, the defendant, sold, and conveyed to one' Meinell, two lots of ground in Ferry-street, in Nevi-Yorh, for 9,000 dollars, of which sum the purchaser payed 7,000 dollars into the hands of the defendant, and with the…
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THIS was an action of assumpsit for money had and received. The cause wds tried before Mr. J. Yates, at the New- York sittings, in November, 1816. It was proved, on the part of the plaintiff, that in January, 1813, Stephen Coles, deceased, and Willet Coles, the defendant, sold, and conveyed to one' Meinell, two lots of ground in Ferry-street, in Nevi-Yorh, for 9,000 dollars, of which sum the purchaser payed 7,000 dollars into the hands of the defendant, and with the remaining 2,000 dollars paid off a mortgage on the premises which had been given for the individual benefit of the defendant.…
1Per curiam
The motion for a new trial must be denied. The testimony on the part of the pjaintiff shows, very satisfactorily, that the intestate was only entitled to a moiety of the land sold, and he can, of course, claim only one half of the consideration money. The letter of the 29th of December, 1812, might admit of a construction that the intestate was the sole owner of the land. But the other proof, and the. conveyance which was given by both Stephen and Willet Coles show, beyond any feasonable doubt, that they were joint owners or tenants in common.
It is to be inferred from the case that the…
2Cited by30 opinions
- Buchan v. SumnerNew York Court of Chancery · 1847
- Andrews v. MurphySupreme Court of Georgia · 1853
- Clark v. SidwaySupreme Court of the United States · 1892
- Buckley v. BuckleyNew York Supreme Court · 1850
- Bird v. MorrisonWisconsin Supreme Court · 1860
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