Egleston v. Knickerbacker
New York Supreme Court
This was an action for money had and received, and was commenced on the 29th June, 1848, and was heard before a sole referee in October of the same year, who reported that there was nothing due from the defendant to the plaintiff. A motion had been made on the part of the plaintiff to set aside that report, and the cause came before the court on a case containing the testimony and the exceptions taken on the hearing before the referee.
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This was an action for money had and received, and was commenced on the 29th June, 1848, and was heard before a sole referee in October of the same year, who reported that there was nothing due from the defendant to the plaintiff. A motion had been made on the part of the plaintiff to set aside that report, and the cause came before the court on a case containing the testimony and the exceptions taken on the hearing before the referee. The plaintiff proved that on the 4th May, 1846, he paid to the defendant $168, and took a receipt therefor, to be indorsed as interest on a bond assigned to…
1Opinion of the Court
By the Court, Willard, J.
There is no doubt that the sums of money mentioned in the two receipts, actually came to the hands of the defendant before the foreclosure of his mort*462gage, and that they were not credited by the referee in computing the amount due on the bond and mortgage. If those sums were intended as payments, according to the terms of the receipts, they can not be recovered back, whether they were allowed1 or not. It was the duty of the defendant in the foreclosure suit to bring in the receipts before the referee, and see that they were allowed; and if the referee improperly…
2Cases cited6 opinions
- Tobey v. BarberNew York Supreme Court · 1809
- Johnson v. WeedNew York Supreme Court · 1812
- Roach v. CosineNew York Supreme Court · 1832
- Mead v. StegerSupreme Court of Alabama · 1837
- Kellogg v. MauncyNew York Supreme Court · 1807
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Terry v. . WheelerNew York Court of Appeals · 1862
- Billings v. VanderbeckNew York Supreme Court · 1857
- Brewster v. . SilenceNew York Court of Appeals · 1853
- Harpending v. ShoemakerNew York Supreme Court · 1862
- Hazen v. ReedMichigan Supreme Court · 1874
13 more not listed; retrieve them via the Exa API.