Battle v. Rochester City Bank
New York Supreme Court
Assumpsit for money had and received. The cause \yas. tried before Dayton, C. J., at the Monroe circuit, Sept. 28, 1844. The suit was commenced on the 19th day of June, 1843. At the trial, the plaintiff’s counsel, in his opening, stated his. case, and offered to prove the same as follows, viz: That on the 19th day of October, 1841, at Rochester,.by a certain agreement in writing, it was agreed between the. plaintiff and, defendants, that provided the said defendants should…
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Assumpsit for money had and received. The cause \yas. tried before Dayton, C. J., at the Monroe circuit, Sept. 28, 1844. The suit was commenced on the 19th day of June, 1843. At the trial, the plaintiff’s counsel, in his opening, stated his. case, and offered to prove the same as follows, viz: That on the 19th day of October, 1841, at Rochester,.by a certain agreement in writing, it was agreed between the. plaintiff and, defendants, that provided the said defendants should bid off'a cetliaitii warehouse then owned by the plaintiff, which was to b&soldi on* the 22d day of October then instant,…
1Opinion of the Court
By the Court, Welles, J.
The plaintiff cannot and does not ask to have the case put in a more favorable aspect for him, than it will bear by looking at the transactions as commencing with the contract or articles of agreement for the sale to him by the defendants, of the farm in Greece, bearing date the 9th day of November, 1841, and by regarding the payment of $1823,44, endorsed upon the contract, as having been actually made in money at the time it was endorsed. He claims to recover the amount thus paid, on the ground that the contract is rescinded, and it being rescinded, that there is so…
2Cases cited1 opinion
- Ketchum & Sweet v. EvertsonNew York Supreme Court · 1816
3Cited by10 opinions
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- Baston v. CliffordIllinois Supreme Court · 1873
- Wheeler v. MatherIllinois Supreme Court · 1870
- Davis v. HallCourt of Appeals of Maryland · 1880
- Seibel v. PurchaseU.S. Circuit Court for the District of New Jersey · 1904
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