Holden v. Curtis
Superior Court of New Hampshire
As a general principle, the vendee of personal property, the title to which fails, may recover back the consideration which was paid for it. Bat if there had been a former recover}7 against him of the consideration, the money, thus paid under a judgment, cannot be recovered back by assumpsit for money had and received.
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As a general principle, the vendee of personal property, the title to which fails, may recover back the consideration which was paid for it. Bat if there had been a former recover}7 against him of the consideration, the money, thus paid under a judgment, cannot be recovered back by assumpsit for money had and received. The assignment of a patent, though not recorded in the office of the secretary of the United States, is still valid, except as against creditors and subsequent purchasers of the patentee. Nor is the patent itself void, because the elementary principles of it were previously…
1Opinion of the CourtWoodbury, J.
There is no doubt as to the general principle, that he, who has received money, and is ex aquo el bono not authorized to retain it, may be made to refund it in an action of assumpsit. (1.)
The person who receives money for the sale of personal property, when the title was in a third person, comes within this general principle. 2 D. & E. 369.—1 D. & E. 732.—6 do. 606.—2 East 241.—2 Es. Ca. 640.—Peak’s Ca. 94, 109.
We say personal property ; for, in sales of real estate, as the title appears on record, and may be secured by cove*63nants, the rule is otherwise. Doug. 654, Bree vs. Holbeck.—1 Mass.…
2Cases cited6 opinions
- Odiorne v. WinkleyU.S. Circuit Court for the District of Massachusetts · 1814
- Tilton v. GordonSuperior Court of New Hampshire · 1817
- Marshall v. BryantMassachusetts Supreme Judicial Court · 1815
- Tyler and Others v. TuelSupreme Court of the United States · 1810
- Ballou v. WoodMassachusetts Supreme Judicial Court · 1851
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Evans v. GaleSuperior Court of New Hampshire · 1846