Wetmore v. Baker
New York Supreme Court
IN error, from the mayor*s court of the city of Albany. Baker and Swan brought an action of assumpsit against the plainfifís in error, in the court below. The declaration, contained two counts, one for money had and received to the use of the plainlifib,t0 and the other on an inshmd compidassent.
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IN error, from the mayor*s court of the city of Albany. Baker and Swan brought an action of assumpsit against the plainfifís in error, in the court below. The declaration, contained two counts, one for money had and received to the use of the plainlifib,t0 and the other on an inshmd compidassent. Pie:-., non assumpsit. .It appeared that the plaintiffs and defendants and one Joshua GsIrom, having run a line of stages from Albany to Tilica, there was an unsettled account between them. In January, 1815, a person was requested by Baker and Cheesebrough to make a settlement of the accounts ; and…
1Per curiam
This ivas an action for money had and received, and as the money was received in the city of Albany, there cannot be a doubt but that the mayor’s court had jurisdiction of the cause of action, which was the money so received. Here was, in some respects, a joint concern between the plaintiffs and defendants and Ostrom, but each party was to have his separate portion of the road, and to furnish his own team, at his own risk and expense. The partnership between the two defendants below was sufficiently proved to charge them jointly with the moneys received, and to charge one with the acts of the…
2Cited by2 opinions
- Pattison v. BlanchardNew York Supreme Court · 1849
- Dow v. SaywardSuperior Court of New Hampshire · 1841