Merritt v. Millard
New York Court of Appeals
Isaac Merritt sued John A. Millard, in the New York superior court, to recover money paid hy one Brewster to defendant for plaintiff’s use. The defense relied on was, that Brewster paid the money in performance of an illegal contract between himself and plaintiff, and that, therefore, defendant was not liable to pay it over to plaintiff.
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Isaac Merritt sued John A. Millard, in the New York superior court, to recover money paid hy one Brewster to defendant for plaintiff’s use. The defense relied on was, that Brewster paid the money in performance of an illegal contract between himself and plaintiff, and that, therefore, defendant was not liable to pay it over to plaintiff. The pleadings are stated in a report of a previous decision, in 5 Bosw. 645, where a demurrer by the plaintiff to this defense was sustained. Upon the trial the following facts appeared. On September 6, 1861, certain real estate in the city of Troy was…
1Opinion of the Court
By the Court.
Mason, J.
This case is so inartificially made up, it is difficult to determine what questions are presented for review in this court. We cannot review the case upon the evidence, but must take the facts as found by the'referee upon the trial.
Upon the facts as found by the referee in his decision, there really is nothing for this court to review. The referee finds, “ that on the Gth day of September, 1851, one Jared Brewster paid to the defendant the sum of five hundred dollars, to and for the use of this plaintiff, and which the defendant promised and undertook to pay to the…
2Cases cited14 opinions
- Lawrence v. . FoxNew York Court of Appeals · 1859
- Armstrong v. TolerSupreme Court of the United States · 1826
- Nellis v. ClarkNew York Supreme Court · 1838
- Green v. KempMassachusetts Supreme Judicial Court · 1816
- Carnochan v. ChristieSupreme Court of the United States · 1826
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