Field v. Hamilton
Supreme Court of Vermont
Assumpsit for money had and received. The case was referred, and the referee reported substantially the following facts : In the fall of 1861, and the winter following, the plaintiff and one McDuffie were partners in buying and selling cattle and sheep.
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Assumpsit for money had and received. The case was referred, and the referee reported substantially the following facts : In the fall of 1861, and the winter following, the plaintiff and one McDuffie were partners in buying and selling cattle and sheep. In January, 1862, they, as such partners, purchased a pair of oxen of the defendant for $170. McDuffie was present at the purchase, and had something to say about the oxen, and their value, but the defendant did not know they were partners, and supposed he was trading with the plaintiff individually. The oxen were soon after delivered, and…
1Opinion of the Court
*37The opinion of the court was delivered by
Wheeler, J.
The defendant is overpaid for his oxen, and therefore has money in his hands that does not belong to himself. By virtue of the agreement between the plaintiff and McDuffie, as between .them, it was the duty of McDuffie to pay for the oxen, and as he has not overpaid, the excess does not belong to him. By virtue of the same agreement, the plaintiff was left to stand as a surety merely for McDuffie to the defendant on that debt, and when he paid the debt he became entitled, by subrogation, to all the securities and avails of securities which…
2Cases cited1 opinion
- Miller v. SawyerSupreme Court of Vermont · 1858
3Cited by3 opinions
- Kopper v. DyerSupreme Court of Vermont · 1887
- Perry v. WardSupreme Court of Vermont · 1909
- Green v. KelleySupreme Court of Vermont · 1892