Green v. Stone
General Court of Virginia
Assumpsit for money had and received, to recover money erroneously paid by the plaintiff to the defendant. The general issue pleaded.
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Assumpsit for money had and received, to recover money erroneously paid by the plaintiff to the defendant. The general issue pleaded. The plaintiff at the trial, to support the issue on bis part, produced a record of proceedings in an action brought in Anne-Arundel county court by the defendant, as administrator of Robert Gouden, against the plaintiff as administrator of Anne C. Green, by whirls It appeared that an action on the case was ■brought, and an account filed, for sundry articles chargeable in account, commencing in June 1769, and ending in April 1774-, leaving a balance in fgvour of…
1Opinion of the Court
Chase, Ch. J.(a). The court are of opinion that the judgment obtained by Couden’s administrator against Green’s administrator, being reversed, became a mere nullity, and ceased to have any operation or effect from the time of the reversal, and that no inference of law can arise from the judgment.
The court are also of opinion, that the plaintiff cannot recover in this case, unless the defendant’s re-*409iaining the money is contrary to equity and right, That the defendant may resort to any equitable 01 eonscientious defence to repel the claim, of the plain, tiff, and may show the justice of his…
2Cited by6 opinions
- Burns v. BinesCourt of Appeals of Maryland · 1947
- Gott v. PowellSupreme Court of Missouri · 1867
- Redwood Hotel, Inc. v. KorbienCourt of Appeals of Maryland · 1951
- Tongue v. NutwellCourt of Appeals of Maryland · 1869
- Healy v. WostenbergWyoming Supreme Court · 1934
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