Wheeler v. Board
New York Supreme Court
THIS was an action of assumpsit on a special agreement to carry salt from Salina to Olean, and for money had and receiv_ J . . ed; an inquest was taken by default at the Onondaga circuit, and a verdict for the plaintiffs for 57 dollars and 44 cents, to the opinion of the court on the following case : The plaintiffs produced, and proved a receipt, signed by the defendant, for six barrels of salt, received of the plaintiffs at Salina, to be carried to Olean, at 5 dollars and…
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THIS was an action of assumpsit on a special agreement to carry salt from Salina to Olean, and for money had and receiv_ J . . ed; an inquest was taken by default at the Onondaga circuit, and a verdict for the plaintiffs for 57 dollars and 44 cents, to the opinion of the court on the following case : The plaintiffs produced, and proved a receipt, signed by the defendant, for six barrels of salt, received of the plaintiffs at Salina, to be carried to Olean, at 5 dollars and 50 cents per barrel; the carriage to he paid for in advance. The receipt was not dated, but the salt was proved, by a…
1Per curiam
The plaintiffs were entitled (under the count for money had and received) to recover the amount of the receipt for 37 dollars, received by the defendant on account of forwarding salt, with interest. The evidence was sufficient to warrant the jury in presuming, that he received that money for forwarding salt from Olean to Pittsburgh and that he had not performed that service. The consideration had, therefore, .failed. |
The third receipt was c< for 15 dollars, to be repaid to the plaintiffs, or the amount thereof, in flour, at Olean, in twelve days.’5
There is no special count on this agreement;…
2Cited by11 opinions
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- Meade v. St. Louis Mutual Life InsuranceNew York Supreme Court · 1875
- Luey v. BundySuperior Court of New Hampshire · 1838
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