Thresher v. Stonington Savings Bank
Supreme Court of Connecticut
Suit to enforce the specific performance of a contract relating to real estate, and for damages; brought to the Court of Common Pleas in New London County and tried to the court, Lucius Brown, Acting Judge; facts found and judgment rendered in favor of the plaintiff for damages, and appeal by the defendant for alleged errors in the rulings of the court.
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Suit to enforce the specific performance of a contract relating to real estate, and for damages; brought to the Court of Common Pleas in New London County and tried to the court, Lucius Brown, Acting Judge; facts found and judgment rendered in favor of the plaintiff for damages, and appeal by the defendant for alleged errors in the rulings of the court. The allegations of the complaint were as follows: “ 1. On May 16th, 1893, the plaintiff paid to the defendant §583.10 in consideration that the defendant should convey to the plaintiff the following described tract of land, the title to which…
1Opinion of the CourtHamersley, J.
If one receives money of another for an express purpose, and fails to apply it, the amount so received with interest can be recovered. Wales v. Wetmore, 3 Day, 252. And it is a general rule that if any one having received the money of another, retains it without any right conscientiously to do so, such retention is a violation of his duty towards the owner, who may at any time after such breach of duty recover the sum retained with interest; Selleck v. French, 1 Conn. 32; Mason v. Waite, 17 Mass. 558, 562; and in such case where there is either a precedent debt or duty, a special demand is…
2Cases cited8 opinions
- Northrop's executors v. GravesSupreme Court of Connecticut · 1849
- Selleck v. FrenchSupreme Court of Connecticut · 1814
- Trowbridge v. TrueSupreme Court of Connecticut · 1884
- Supples v. CannonSupreme Court of Connecticut · 1877
- Lyon v. AnnableSupreme Court of Connecticut · 1822
3 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Scott v. ScottSupreme Court of Connecticut · 1910
- Hoxie v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1909
- Richter & Co. v. LightSupreme Court of Connecticut · 1922
- Nanos v. HarrisonSupreme Court of Connecticut · 1922
- Aetna Life Insurance v. RichmondSupreme Court of Connecticut · 1927
13 more not listed; retrieve them via the Exa API.