Potter v. Everett
The Superior Court of New York City
Assumpsit to recover back a sum of money, paid by the plaintiffs to the defendants, under an alleged mistake. The declaration was in the common form, and contained the usual counts for money paid, money had and received, &c. Pleas, the general issue, and payment, with notice of set-off.
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Assumpsit to recover back a sum of money, paid by the plaintiffs to the defendants, under an alleged mistake. The declaration was in the common form, and contained the usual counts for money paid, money had and received, &c. Pleas, the general issue, and payment, with notice of set-off. The cause was tried before Mr. Justice Oakley, on the 14th of April, 1829 ; and, by consent of parties, a verdict was taken for the plaintiffs, subject to the opinion of the court, upon a case to be made. The evidence in the case was contained, principally, in a deposition given by William Henry Russell, a…
1Opinion of the CourtOakley, J.
The plaintiffs, on the 23d of March, 1825, remitted to the defendants, merchants, in England, orders for the purchase of a quantity of goods, and informed them that, in their next letter, they would advise them as to the source of payment for the said orders.
On the 8th April, 1825, the plaintiffs wrote the defendants, that they had lodged a credit of ¿£1500 with S. Williams, a banker in Loudon, on account of their preceding orders. On the 16th May, 1825, they wrote the plaintiffs, that they had lodged a further credit with Williams, of ¿£1500, which they might draw for, on account of the…
2Cited by3 opinions
- Waite v. LeggettNew York Supreme Court · 1828
- Billings v. McCoy Bros.Nebraska Supreme Court · 1876
- Barker v. ClarkNew York City Court · 1872