Ross v. Curtis
New York Supreme Court
THIS action was brought to recover the interest due upon five of the bonds, for $1000 each, issued by the supervisor and rail road commissioners of the town of Sterling, Cayuga county, under a statute passed June 23, 1851, and an amendment thereof, passed July 21,1853, {Laws of 1851, p. 544; Laws of 1853, p. 1137,) of which bonds the plaintiff was the holder.
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THIS action was brought to recover the interest due upon five of the bonds, for $1000 each, issued by the supervisor and rail road commissioners of the town of Sterling, Cayuga county, under a statute passed June 23, 1851, and an amendment thereof, passed July 21,1853, {Laws of 1851, p. 544; Laws of 1853, p. 1137,) of which bonds the plaintiff was the holder. The first mentioned act, by its first section, authorized the supervisor of the town of Sterling, and Bobert Hume and William Wyman, who were appointed commissioners to act in conjunction with, said supervisor, to borrow the sum of…
1Opinion of the Court
By the Court, Johnson, J.
The action is for money had and received by the defendant, to the use of the plaintiff. The right of the plaintiff to maintain this action is entirely settled, so far at least as this court is concerned, by an unanimous decision in the case of Murdoch v. Aikin, (29 Barb. 59.) It cannot be necessary to review the grounds of that decision. The principle is elementary that where one person receives money for another, and the law makes it the duty of the person thus receiving it to pay it to the person for whom or for whose use it is thus received, a promise to pay it in…
2Cases cited2 opinions
- Gould v. Town of VeniceNew York Supreme Court · 1859
- Murdock v. AikinNew York Supreme Court · 1858
3Cited by5 opinions
- Hall v. . LauderdaleNew York Court of Appeals · 1871
- Erb v. Banco Di NapoliNew York Court of Appeals · 1926
- Erb v. Banco di NapoliAppellate Division of the Supreme Court of the State of New York · 1925
- People Ex Rel. Martin v. . BrownNew York Court of Appeals · 1873
- People ex rel. Martin v. BrownNew York Court of Appeals · 1873