Wisner v. Bulkley
New York Supreme Court
Error from the Onondaga common pleas. Wisner sued Bulkley in a justice’s court, and declared for money had and received. The defendant pleaded the general issue. The cause was tried by a jury, who found a verdict for the plaintiff for $39,83, on which the justice rendered judgment.
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Error from the Onondaga common pleas. Wisner sued Bulkley in a justice’s court, and declared for money had and received. The defendant pleaded the general issue. The cause was tried by a jury, who found a verdict for the plaintiff for $39,83, on which the justice rendered judgment. The plaintiff appealed to the Onondaga common pleas, where he was nonsuited on the opening of his counsel, who stated in substance that he would prove.that the plaintiff and two other persons were trustees, and that the defendant was collector of a school district; that a warrant had been renewed for the collection…
1Opinion of the Court
By the court,
Bronson, J.
The court below erred in non-suiting the plaintiff. The judgment was satisfied by the payment made by the defendant. The assignment which he took wasj'tadér the circumstances of this case, a fraud upon the trustees, and the judgment was not an available security in his hands. It is said that the debt was not paid with the money of the trustees, who were the defendants in the judgment ; but there is no weight in the objection. Independent of the arrangement betweén the parties, it was the duty of the defendant to collect the tax and pay over the money to the. trustees;…
2Cited by5 opinions
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