D'Utricht v. Melchor
Supreme Court of the United States
This case was tried at bar, in September term 1788, and a verdict being found for the plaintiff, the defendant obtained a rule to show cause why a new trial should not be granted ;
1Opinion of the Court
The case being held for some days under advisement, the chief justice now delivered the opinion of the court to the following effect:
McKean, Chief Justice.
It is unnecessary at this time to determine, whether the plaintiff might have instituted an action of covenant, or deceit, in order to obtain a redress of the wrong which he has sustained ; for we think it is sufficient for his purpose, that an action of assumpsit for money had and received to his use, has been brought; and that, to maintain this action, he may give in evidence, that the defendant got his money by mistake, imposition or…
2Cases cited1 opinion
- Ritchie v. SummersSupreme Court of Pennsylvania · 1803
3Cited by11 opinions
- Ritchie v. SummersSupreme Court of Pennsylvania · 1803
- Tabor v. Universal Exploration Co.Court of Appeals for the Eighth Circuit · 1931
- Kerr v. KitchenSupreme Court of Pennsylvania · 1848
- Thompson v. M'ClenachanSupreme Court of Pennsylvania · 1827
- Leal v. TerbushMichigan Supreme Court · 1883
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