Rice v. Peet
New York Supreme Court
IN ERROR, on certiorari to a justice’s court. The defendant in error brought an action in the court below against the plaintiff in error, and declared against him in an action for money had and received, on a certain promissory note given by David Franklin to the plaintiff below, and upon which the defendant below had received the money; and also alleging that the note was obtained from him, the plaintiff below, by management, when he was insane and of unsound mind.
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IN ERROR, on certiorari to a justice’s court. The defendant in error brought an action in the court below against the plaintiff in error, and declared against him in an action for money had and received, on a certain promissory note given by David Franklin to the plaintiff below, and upon which the defendant below had received the money; and also alleging that the note was obtained from him, the plaintiff below, by management, when he was insane and of unsound mind. The defendant pleaded the general issue, and that there was another suit pending before the same justice, between the same…
1Per curiam
The judgment must be affirmed. Admitting the pendency of another suit by the same plaintiff against the same defendant to have been duly proved, it formed no objection to this action ; it was for a distinct matter, and the plaintiff had a right to bring separate suits. Nov was there any legal objection to the plaintiff’s showing that this note ' was obtained from him at a time when he was incapable of making any contract; and the jury have considered that fact as made out by proof. But there is another ground on which the plaintiff had good right to recover the money received by the defendant…
2Cited by19 opinions
- Brown v. LynchNew York Court of Chancery · 1828
- Mather v. ScolesIndiana Supreme Court · 1870
- Musselman v. CravensIndiana Supreme Court · 1874
- Dicken v. JohnsonSupreme Court of Georgia · 1849
- Bursinger v. Bank of WatertownWisconsin Supreme Court · 1886
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