Markle v. Hatfield
New York Supreme Court
This case came before the court on a writ of error, from the court of common pleas, of Dutchess county, founded upon a bill of exceptions. The suit below was an action of assumpsit. The declaration contained a count for divers, cattle, sold and delivered to the defendant; and counts for money paid, Sec. lent, See,, and for money had and received, to the use of the plaintiff, and an insimul computassent. Plea, nonassumpsit.
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This case came before the court on a writ of error, from the court of common pleas, of Dutchess county, founded upon a bill of exceptions. The suit below was an action of assumpsit. The declaration contained a count for divers, cattle, sold and delivered to the defendant; and counts for money paid, Sec. lent, See,, and for money had and received, to the use of the plaintiff, and an insimul computassent. Plea, nonassumpsit. Upon the trial, the plaintiff below proved, that in October, 1805, he sold to the defendant, who was a butcher, a number of cattle, for 120 dollars, and that the defendant…
1Opinion of the Court
Kent, Ch. J.
The justice of this ease is clearly with the defendant in error. He parted with his goods to the plaintiff, without .receiving the compensation which was intended. It would be matter of regret, if the law obliged us to regard a payment in counterfeit, instead of genuine bank bills, as a valid payment of a debt, merely because the creditor did not perceive and detect the false bills, at the time.of payment. The reasonable doctrine, and one which undoubtedly agrees with the common sense of mankind, is laid down by Paulus in the Digest; and has been incorporated into the French law.…
2Cases cited1 opinion
- Roget v. MerritNew York Supreme Court · 1804
3Cited by36 opinions
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- Thrall v. NewellSupreme Court of Vermont · 1847
- Roberts v. . FisherNew York Court of Appeals · 1870
- Porter v. TalcottNew York Supreme Court · 1823
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