Bassett v. Kinney
Supreme Court of Connecticut
This was an action for money had and received, brought originally against Jacob W. Kinney, who died during the pendency of the suit, and the present defendant, as the executrix of his will, was made a party.
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This was an action for money had and received, brought originally against Jacob W. Kinney, who died during the pendency of the suit, and the present defendant, as the executrix of his will, was made a party. The cause was tried before the jury, in the superior court, at the August term, 1855. On the trial, it was proved, that the New Haven and New London railroad company, in October, 1852, deposited with Kinney, as treasurer of New London county, for the use of the plaintiff, the sum of eight thousand dollars, the amount of damages awarded to the plaintiff, for certain land taken by the…
1Opinion of the CourtWaite, C. J.
The money, when deposited by the railroad company in the hands of Kinney, became the property of the plaintiff. It was substituted by the company for the land, which they had taken for their use. The interest, paid by the bank, was paid for the use of the plaintiff’s money, and became as much his property, as the principal itself.
It was upon this principle that the case of Willis v. The Commissioners of Appeals in Prize Causes, proceeded. 5 East, 22. There, a portion of the cargo of a captured ship had been condemned and sold by agents appointed for that purpose. Upon an appeal to the…
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