Howes v. Barker
New York Supreme Court
THIS was. an action of assumpsit. The declarations contained three counts. 1. For money had and received to the use of the plaintiff. 2. For money paid out and expended. 3. For money lent and advanced. The defendant pleaded non-assumpsit.
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THIS was. an action of assumpsit. The declarations contained three counts. 1. For money had and received to the use of the plaintiff. 2. For money paid out and expended. 3. For money lent and advanced. The defendant pleaded non-assumpsit. The cause was tried before Mr. Justice Thompson, at the Dutchess circuit, in September, 1807. The plaintiff’s counsel, on opening the cause to the jury, stated, that the plaintiff and defendant, on the 20th August, 1798, executed articles of agreement, under their hands and seals, by which the defendant agreed to sell and convey to the plaintiff, for the sum…
1Opinion of the CourtThompson, J.
Could the plaintiff’s action in this case be sustained atlaw; without infringing upon what I consider well settled principles, I should think the nonsuit ought to be set aside ; for if the facts offered to be proved, were trud, there has been a mistake made in the deed, which ought to be rectified. But relief, in my opinion, is not to be had in a court of law. There is no pretence of any fraud having been practised upon the plaintiff. The most that can- be alleged is, that there has been a mistake with respect to the insertion of the consideration money in the deed. The contract between the…
2Cited by29 opinions
- Powell v. Monson & Brimfield Manuf'g Co.U.S. Circuit Court for the District of Massachusetts · 1824
- Morris v. . WhitcherNew York Court of Appeals · 1859
- Witbeck v. . WaineNew York Court of Appeals · 1858
- Martin v. HamlinMichigan Supreme Court · 1869
- Norment v. TurleyNew Mexico Supreme Court · 1918
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