Houston v. Frazier
Supreme Court of Alabama
Writ of Error to the Circuit Court of Sumter. The defendant in error declared against the plaintiff in assump-sit, for money had and received. On the trial before the jury, the defendant below excepted to the ruling of the Court.
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Writ of Error to the Circuit Court of Sumter. The defendant in error declared against the plaintiff in assump-sit, for money had and received. On the trial before the jury, the defendant below excepted to the ruling of the Court. It is shown by the bill of exceptions, that the plaintiff proved, in September or October, 1840, he paid a debt of Bryan Lavender, for $215, and Lavender, in order to refund the same, in part, agreed to sell to the plaintiff a promissory note on David M. Abbott, and the note was accordingly passed to him, but without indorsement. This note was collected by suit, by…
1Opinion of the CourtCollier, C. J.
The action for money had and received,, has been assimilated to a bill in equity ; and it is said, that whenever the defendant has received money, to which the plaintiff is in justice and equity entitled, the law implies a debt, and gives this action quasi ex contractu. Hence it has been held, that the plaintiff is entitled to recover, where he can show, that, the defendant has received money belonging to him under any fraud, or pretence, [Cowp. Rep. 795; 2 Burr.Rep. 1008; 4 M.&S. Rep. 478; Bogart v. Nevins, 6 Sergt. & R. Rep. 369; Mowatt, et al. v. Wright, 1 Wend. Rep. 360; The Union Bank v.…
2Cases cited8 opinions
- Nelson J. Elliott v. Samuel SwartwoutSupreme Court of the United States · 1836
- Fowler v. ShearerMassachusetts Supreme Judicial Court · 1810
- Mowatt v. WrightNew York Supreme Court · 1828
- Garland v. President, Directors, & Co.Massachusetts Supreme Judicial Court · 1812
- Hall v. MarstonMassachusetts Supreme Judicial Court · 1822
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3Cited by8 opinions
- Booker v. JonesSupreme Court of Alabama · 1876
- Alexander v. CoyneSupreme Court of Georgia · 1915
- Davis v. OrmeSupreme Court of Alabama · 1860
- Steiner Bros. v. ClisbySupreme Court of Alabama · 1893
- Moses v. BossCourt of Appeals for the D.C. Circuit · 1934
3 more not listed; retrieve them via the Exa API.