Hall v. Shultz
New York Supreme Court
THIS was an action of assumpsit for money had and • . .V, received to the use or the plaintiff. The following facts appeared from the evidence at the trial. The farm of the plaintiff was about to be sold by t]le sheriff, on an execution issued out of this court; and 1 one William Swart agreed with the plaintiff to bid off the farm and advance the purchase-money, and to reconvey the farm to the plaintiff on payment of the money so advanced on the sheriff’s sale.
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THIS was an action of assumpsit for money had and • . .V, received to the use or the plaintiff. The following facts appeared from the evidence at the trial. The farm of the plaintiff was about to be sold by t]le sheriff, on an execution issued out of this court; and 1 one William Swart agreed with the plaintiff to bid off the farm and advance the purchase-money, and to reconvey the farm to the plaintiff on payment of the money so advanced on the sheriff’s sale. One Teamans, who was a witness in the cause, was employed by Swart, who was going from home, to transact the business for him, and…
1Opinion of the CourtSpencer, J.
The plaintiff has brought this action for money had and received, to recover back 300 dollars voluntarily paid by him, under the following circumstances. The' plaintiff’s farm was about to be sold on execution, and the defendants, at his instance, came forward and bid it off', under a parol agreement as stated by one of the witnesses, to reconvey it to the plaintiff, on being repaid the money advanced, and by another witness, to reconvey, if the plaintiff paid the amount advanced, with legal interest, in four months, unless the plaintiff should think fit to allow them something for their…
2Cited by15 opinions
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- Van Alstine v. WimpleNew York Supreme Court · 1825
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