Wheat v. Norris
Superior Court of New Hampshire
Assumpsit. The declaration contained two counts. The first was on an account annexed for three hundred and eighty-eight pounds of sheep. The second was for money had and received.
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Assumpsit. The declaration contained two counts. The first was on an account annexed for three hundred and eighty-eight pounds of sheep. The second was for money had and received. It appeared in evidence, that in 1831 the plaintiff delivered to one Flanders three hundred and fifteen pounds-of live sheep, on a contract that Flanders should return, to the plain-' tiff the same number of pounds, and an addition of one fourth that number of pounds, yearly for the use and increase of the sheep, until the whole was paid- in 1835 Flanders agreed- with Norris, the defendant, to fulfil the contract…
1Opinion of the CourtUpham, J.
The principles as to the maintenance of actions for money had and received are laid down by Mr. Justice Woodbury, in Willie vs. Green, 2 N. H. Rep. 135. It is there said, that to sustain assumpsit for money had and received, something must have been received by the defendant, under such circumstances as between him and the plaintiff to be deemed money. Yet the article received may not. in fact be money itself. Though not coin, which is by law a tender, nor other coin not a tender, nor current bank bills ; still the receiver is estopped to deny that the article received was money, if by…
2Cases cited3 opinions
- Floyd v. DayMassachusetts Supreme Judicial Court · 1807
- Mann v. LockeSuperior Court of New Hampshire · 1840
- Sinclair v. TarboxSuperior Court of New Hampshire · 1819