Daimouth v. Bennett
New York Supreme Court
This action was originally brought in.a justice’s court. The plaintiff alleged in his complaint that the defendant was justly indebted to him in the sum of thirty dollars, for money had and received by the defendant to the plaintiff’s use. The answer denied the indebtedness, and set up matters of defense upon the merits. The justice rendered judgment in favor of the plaintiff, for the amount claimed, with costs. This judgment was affirmed by the county court.
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This action was originally brought in.a justice’s court. The plaintiff alleged in his complaint that the defendant was justly indebted to him in the sum of thirty dollars, for money had and received by the defendant to the plaintiff’s use. The answer denied the indebtedness, and set up matters of defense upon the merits. The justice rendered judgment in favor of the plaintiff, for the amount claimed, with costs. This judgment was affirmed by the county court. The facts of the case are as follows: The plaintiff’s son William was charged by the defendant with having passed to him a ten dollar…
1Opinion of the Court
By the Court, Crippen, P. J.
This case presents the single point, whether money paid for the purpose of settling or compounding a supposed felony can be recovered back by the party paying it. It was insisted by the plaintiff’s counsel that there is no statute, or principle of the common law, declaring the payment of money to compound a felony a crime, in the party thus paying the money; that it is the taking or receiving of the money,.and not the payment of it, that constitutes the offense. It is true that the statute only declares the party guilty of a crime, who knowing of the actual…
2Cited by7 opinions
- Conderman v. HicksNew York Supreme Court · 1870
- Dressel v. HanserNew York Supreme Court · 1917
- Porter v. Havens & AbbottNew York Supreme Court · 1862
- Conderman v. TrenchardNew York Supreme Court · 1870
- Haynes v. RuddNew York Supreme Court · 1879
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