Legal Opinion
Carver v. Tracy
New York Supreme Court
Decided August 15, 1808PublishedCited by 8 opinions
ON certiorari. The suit before the justice was for one dollar, had and received to the use of the plaintiff. The defendant said that he had received a dollar of the plaintiff, but it was his due. On this declaration, the justice, without further evidence, decided that the plaintiff was entitled to recover, and that the defendant must prove the debt he claimed.
1Per curiam
The justice was manifestly wrong. The whole conversation of the defendant must be taken together. The plaintiff could not take one part, and reject the other. ' What was said by the defendant, taken together, was a denial of the demand of the plaintiff, who was bound to prove it.
Judgment reversed.
2Cited by8 opinions
- Darling v. HurstMichigan Supreme Court · 1878
- Morris v. JamiesonIllinois Supreme Court · 1903
- Dorlon v. DouglassNew York Supreme Court · 1849
- Gates v. GridleyAppellate Division of the Supreme Court of the State of New York · 1930
- Lattomus v. GarmanCourt of Chancery of Delaware · 1868
3 more not listed; retrieve them via the Exa API.