Munsell v. Lewis
Court for the Trial of Impeachments and Correction of Errors
Assumpsit for money had and received, tried at the Broome circuit, in August, 1842, before Monell, C. Judge. The case was this : Lewis (the defendant) and one Weed agreed in writing with the canal commissioners to construct certain bridges on the southern division of the Chenango canal.
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Assumpsit for money had and received, tried at the Broome circuit, in August, 1842, before Monell, C. Judge. The case was this : Lewis (the defendant) and one Weed agreed in writing with the canal commissioners to construct certain bridges on the southern division of the Chenango canal. (The contract was dated in November, 1834, and the work was to be completed by the 15th of October, 1836. On the 29th of January, 1836, after the work had been commenced, Lewis and Weed assigned their interest in the contract to the plaintiff. It was stipulated in the contract of assignment that the plaintiff…
1Opinion of the Court
*637By the Court,
Co wen, J.
The question is, whether the assignment of the compensation to come from the state carried a right not only to the moneys the state had agreed to pay, but what it might afterwards award as a gratuity.
By the terms of the sub-contract the plaintiff was to receive his pay from the canal commissioners according to the contract of the state. He was, on his part, to perform the stipulations in the contract, and pay to Lewis and Weed the price agreed upon as the value of the bargain made between himself and them.
After their bargain was made, a statute passed authorizing extra…
2Cases cited3 opinions
- Comegys v. VasseSupreme Court of the United States · 1828
- Browning v. BettisNew York Court of Chancery · 1841
- Vasse v. ComegysU.S. Circuit Court for the District of Eastern Pennsylvania · 1825