Murphy v. Elliott

Elliott brought an action of assumpsit against Murphy for money had and received. Plea, the general issue. The cause was submitted to the court upon an agreed case. The facts were substantially the following: One Owen purchased of the plaintiff certain, tracts of land, at the price of $2,500,11,411.12 of which were paidbyOzoen; for the balance, being $1,088.88, he mortgaged to the plaintiff a part of the purchased premises. A part of the payment made by Owen to the plaintiff consisted of an equitable assignment of a demand in favour of the former against one Stephenson; for this demand a suit…