Gleason v. First Nat. Bank of Lapeer
U.S. Circuit Court for the District of Eastern Michigan
On motion for a New Trial. This was an action for money had and received. The facts were that one Alexander Mair, the plaintiff’s assignor, had borrowed money of the bank to the amount of $5,000, and had given his note therefor, secured by five policies of insurance upon certain mill property, to the amount of such note.
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On motion for a New Trial. This was an action for money had and received. The facts were that one Alexander Mair, the plaintiff’s assignor, had borrowed money of the bank to the amount of $5,000, and had given his note therefor, secured by five policies of insurance upon certain mill property, to the amount of such note. Subsequently he became further indebted to the bank, a suit was begun for the entire indebtedness, judgment on cognovit obtained, and execution issued on the same day. The execution was in due time returned satisfied by a sale of all of Mair’s property, including the mill…
1Opinion of the Court
Brown, D. J.
The action for money had and received is an equitable action, and, as Mr. Greenleaf says, (vol. 2, § 117,) “may in *720general be proved by any legal evidence showing the defendant nas received or obtained possession of the money of the plaintiff, which, in equity and good conscience, he ought to pay over to the plaintiff. * * * But if the defendant has any legal or equitable lien on the money, or any right of cross-action upon the same transaction, the plaintiff can only recover the balance after satisfying such counter-demand.”
In Eddy v. Smith, 13 Wend. 488, it is said that the same…
2Cases cited5 opinions
- Carpenter v. Providence Washington InsuranceSupreme Court of the United States · 1842
- The Columbia Insurance Company of Alexandria, in Error v. Joseph W. Lawrence, Who Survived Thomas PoindexterSupreme Court of the United States · 1836
- Eddy v. SmithNew York Supreme Court · 1835
- Plimpton v. Farmers' Mutual Fire InsuranceSupreme Court of Vermont · 1871
- Tudor v. TaylorSupreme Court of Vermont · 1853