Burnham v. Ayer
Supreme Court of New Hampshire
Assumpsit, for money had and received, and money paid. Plea, the general issue and set-off. The plaintiff’s specification contained one item of $500 cash. As evidence tending to prove it, he offered a mortgage of personal property from the defendant to the plaintiff’s intestate, dated February 1, 1850, and the defendant’s affidavit on the back of the mortgage.
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Assumpsit, for money had and received, and money paid. Plea, the general issue and set-off. The plaintiff’s specification contained one item of $500 cash. As evidence tending to prove it, he offered a mortgage of personal property from the defendant to the plaintiff’s intestate, dated February 1, 1850, and the defendant’s affidavit on the back of the mortgage. There were separate affidavits of the mortgagor and mortgagee on the back of the mortgage, in the form required by the statute. He proved the defendant’s signature to the affidavit. There were subscribing witnesses to the mortgage,…
1Opinion of the CourtEastman, J.
This action was brought to recover $500, money had and received by the defendant of the plaintiff’s intes*184tate, and the first question before the court and jury was, whether the amount was due, as alleged.
The receipt of money may he shown in various ways. A bond, promissory note, and accountable receipt, are all evidences of indebtedness, to the amount specified therein. So, also, a hook of accounts, with small charges of cash below $ 6.67, may be evidence, when sustained by the oath of the party. Or the indebtedness may be proved by a witness who saw the money delivered, or by an…
2Cited by1 opinion
- Magie v. OsbornThe Superior Court of New York City · 1863