Cole v. Smith
New York Supreme Court
THE declaration in this case was as follows: “ City and county of New-York, ss. Jonathan Cole, plaintiff in this suit, who sues as well, &c. complains against Edward. A. Smith, being in custody, &c.
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THE declaration in this case was as follows: “ City and county of New-York, ss. Jonathan Cole, plaintiff in this suit, who sues as well, &c. complains against Edward. A. Smith, being in custody, &c. For that whereas the said defendant, on the first day of May, in the year of our Lord, one thousand eight hundred and four, at the city of New-York, at the first ward of the said city, and within the county aforesaid, became, and was indebted to the said plaintiff, in a large sum of money, to be paid upon request, to wit, in the sum of five hundred dollars, lawful money of the United States of…
1Per curiam
The action of the plaintiff is founded entirely upon the authority of the statute. There was no contract or privity existing between him and the. defendant, from which the law would raise an implied assumpsit in the defendant to pay money to him. The declaration, containing only a single count for money had and received, could not then have disclosed to the defendant the grounds of the action ; and, in legal intendment, the testimony at the trial must have been a complete surprise. An action foundéd upon a statute, must state specially the cause of action arising under the statute. Nothing…
2Cited by10 opinions
- Ferrett v. AtwillU.S. Circuit Court for the District of Southern New York · 1846
- People v. BrooksNew York Supreme Court · 1847
- Trumbo v. FinleySupreme Court of South Carolina · 1882
- Betts v. BacheThe Superior Court of New York City · 1862
- Morehouse v. CrilleyNew York Supreme Court · 1853
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