Robinson v. Corn Exchange Fire & Inland Navigation Insurance
The Superior Court of New York City
This was an appeal by the plaintiffs, from a judgment entered in their favor,, on a verdict rendered by the.jury pursuant to the direction of the court, on the trial of the cause.
Read the full summary
This was an appeal by the plaintiffs, from a judgment entered in their favor,, on a verdict rendered by the.jury pursuant to the direction of the court, on the trial of the cause. The plaintiffs (Shadrach Robinson and Charles H. Cummins) sued for money had and received by the defendants, to their use, alleging in the complaint that in 1854, the defendants sold a quantity of corn belonging to the plaintiffs, on account of the plaintiffs, and received for it, in or about the months of October and November, 1854, for the use of the said plaintiffs, and for them, $2326.37. That the plaintiffs…
1Opinion of the Court
By the Court, Monell, J.
The only exceptions argued upon this appeal, were to the charge of the judge, restricting the recovery to the net proceeds, and interest from the time the demand was made, and directing a verdict for such amount. The action for money had and received is an equitable action, and the party must show he has equity on his side. The rule in England is that interest is not recoverable in this action, (Walker v. Constable, 1 Bos. & Pull. 307,) but it is otherwise in this country. (Pease v. Barber, 3 Caines, 266. People v. Gasherie, 9 John. 71. Gillet v. Van Rensselaer, 15 N.…
2Cases cited4 opinions
- People v. GasherieNew York Supreme Court · 1812
- Utica Bank v. Van GiesonNew York Supreme Court · 1821
- Richmond v. BronsonNew York Supreme Court · 1847
- Gillet v. . Van RensselaerNew York Court of Appeals · 1857
3Cited by1 opinion
- The Friendschaft: MoreiraSupreme Court of the United States · 1819