Wilson v. George
Superior Court of New Hampshire
Assumpsit, for money had and received. Plea, the general issue. In support of his action, the plaintiff offered in evidence a note, signed by the defendant, whereby he promised to pay the plaintiff, or order, eleven dollars and twenty-two cents, to be paid in wheelwright work, on demand, for value received ; and proved a demand of the work, and a neglect to deliver it. The defendant objected, that this evidence did not support an action for money had and received.
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Assumpsit, for money had and received. Plea, the general issue. In support of his action, the plaintiff offered in evidence a note, signed by the defendant, whereby he promised to pay the plaintiff, or order, eleven dollars and twenty-two cents, to be paid in wheelwright work, on demand, for value received ; and proved a demand of the work, and a neglect to deliver it. The defendant objected, that this evidence did not support an action for money had and received. But the court held the evidence sufficient ; and a verdict having been returned for the plaintiff, the defendant moved to set the…
1Opinion of the CourtParker, C. J.
Assumpsit for money had and received may be maintained to recover the money due upon a promissory note. It seems to have been considered, in some cases, that the reason of this is, because the note furnishes evidence that it is founded upon a pecuniary consideration. 8 Cowen’s R. 77, Hughes vs. Wheeler; 10 Johns. R. 420, Saxton vs. Johnson. There would, perhaps, be no objection to that view of the matter, if the holder was entitled to recover back the value acknowledged to have been received. But where he cannot maintain an action to recover back the consideration, even conclusive evidence…
2Cases cited13 opinions
- Young v. AdamsMassachusetts Supreme Judicial Court · 1810
- Pinney v. GleasonCourt for the Trial of Impeachments and Correction of Errors · 1830
- Crandal v. BradleyNew York Supreme Court · 1831
- Fuller v. LittleSuperior Court of New Hampshire · 1835
- Fitts v. HallSuperior Court of New Hampshire · 1838
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3Cited by3 opinions
- Tibbets v. GerrishSuperior Court of New Hampshire · 1852
- Carleton v. BrooksSuperior Court of New Hampshire · 1843
- Hassell v. HoitSuperior Court of New Hampshire · 1845