Mitchell v. . Walker
Supreme Court of North Carolina
Appeal from' the Superior Court of Law of Person County, at the Spring Term, 1848, his- Honor Judge PeahsoN presiding. The case is as follows: In 1835, the plaintiff hired from one Brooks a negro, for the sum of $16, and gave' his note with the defendant as his surety for its payment. The plaintiff was the agent of one Shelton, for whose use the negro was hired.
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Appeal from' the Superior Court of Law of Person County, at the Spring Term, 1848, his- Honor Judge PeahsoN presiding. The case is as follows: In 1835, the plaintiff hired from one Brooks a negro, for the sum of $16, and gave' his note with the defendant as his surety for its payment. The plaintiff was the agent of one Shelton, for whose use the negro was hired. Of this fact the defendant was ignorant, at the time the note was given, and, upon learning the truth, insisted that Brooks should give up the note' to him, which was done upon Shelton assuming to pay the debt. Soon after Shelton did…
1Opinion of the CourtNash, J.
To the plaintiff’s recovery two objections are urged; first, that the payment by him to the defendant was voluntary; and, secondly, if he could recover, a single magistrate had not jurisdiction. The action for money had and received rests upon equitable principles, and whenever there is a privity between the payer and receiver, and the latter has received money to which the former is injustice and equity entitled, the law implies a promise to pay it, and gives this action. 2 Stark, on Ev. 63. It is true that in one sense the payment by the plaintiff was voluntary. He did not pay it under…
2Cases cited1 opinion
- Hall v. ShultzNew York Supreme Court · 1809
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