Merritt v. Millard
The Superior Court of New York City
This is an appeal by the defendant, John A. Millard, from an order made June 27, 1859, by Mr. Justice Hoffman, overruling his demurrer to the complaint of the plaintiff, Isaac Merritt.
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This is an appeal by the defendant, John A. Millard, from an order made June 27, 1859, by Mr. Justice Hoffman, overruling his demurrer to the complaint of the plaintiff, Isaac Merritt. The complaint alleges, in substance, that on the 6th of September, 1851, one Jared Brewster owed the plaintiff $500; and that so owing him, he paid to the defendant $500, “to and for the use of the plaintiff,” and the defendant in consideration thereof “ undertook and promised to pay over the said sum of money to the plaintiff whenever he should be thereunto afterwards requested;” and a refusal by the defendant…
1Opinion of the Court
By the Court—Bosworth, Ch. J.
The second defense admits (by not denying) that the defendant received the $500 for the plaintiff, and promised to pay it to him when requested to do so; that he has been requested to pay it to the plaintiff, and refuses to pay it over, or any part of it.
Assuming the agreement between the plaintiff and Brewster to be one on which an action would not lie by the former against the latter to recover the $500, yet it is not pretended that Brewster, after having paid the money to the plaintiff, could recover it back.
Can the defendant set up the illegal agreement…
2Cases cited3 opinions
- Armstrong v. TolerSupreme Court of the United States · 1826
- Nellis v. ClarkNew York Supreme Court · 1838
- De Groot v. Van DuzerNew York Supreme Court · 1838
3Cited by2 opinions
- Fogerty v. JordanThe Superior Court of New York City · 1864
- Merritt v. MillardThe Superior Court of New York City · 1863