Chapman v. . Forbes
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the fourth judicial department, made April 29, 1890, which affirmed an order of Special Term granting a motion by defendant to bring in an additional defendant.
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Appeal from order of the General Term of the Supreme Court in the fourth judicial department, made April 29, 1890, which affirmed an order of Special Term granting a motion by defendant to bring in an additional defendant. The complaint herein alleged in substance that George P. Breen, as agent of plaintiff’s testatrix, received §1,200, which was afterwards paid by him to the defendant, to the use of the ■ plaintiff’s testatrix, and that defendant refused to pay over the same to the plaintiff. The defendant denied the indebtedness, and alleged that he received the money, but that it was the…
1Opinion of the CourtPeckham, J.
Under the old system of pleading the plaintiff; upon the facts set out in the complaint herein, might have brought his action of assumpsit or of debt.
An action of debt would lie though there was only an implied promise, such as to pay over money had and received by defendant to the use of the plaintiff, though paid to defendant without the command of plaintiff. (3 Comeyn’s Digest, Title “ Debt ”; (A. g.) Implied; 1 Rolle’s Abrg. 597, line 25 ; 1 Chitty on Plead. 108.)
An action of assumpsit as for money had and received would also lie on an implied promise. (1 Chit, on Plead. 99,100.) There…
2Cases cited6 opinions
- Roberts v. . ElyNew York Court of Appeals · 1889
- Eddy v. SmithNew York Supreme Court · 1835
- The People v. . Albany and Vermont R.R. Co.New York Court of Appeals · 1879
- M'Mahon v. AllenNew York Court of Common Pleas · 1855
- Smith v. . PoillonNew York Court of Appeals · 1882
1 more not listed; retrieve them via the Exa API.
3Cited by123 opinions
- Parsa v. State of New YorkNew York Court of Appeals · 1984
- Philpott v. Superior CourtCalifornia Supreme Court · 1934
- Friar v. Vanguard Holding Corp.Appellate Division of the Supreme Court of the State of New York · 1980
- Petrogradsky Mejdunarodny Kommerchesky Bank v. National City BankNew York Court of Appeals · 1930
- Federal Insurance v. Groveland State BankNew York Court of Appeals · 1975
118 more not listed; retrieve them via the Exa API.