Haskins v. Dunham
New York Supreme Court
Assumpsit, for money had and received. Plea, the general issue. To support this action, the plaintiff offered, in evidence, an account of certain sales of goods made by the defendant, who was an auctioneer, by which account it appeared that the sales had been made at a credit of 60. days.
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Assumpsit, for money had and received. Plea, the general issue. To support this action, the plaintiff offered, in evidence, an account of certain sales of goods made by the defendant, who was an auctioneer, by which account it appeared that the sales had been made at a credit of 60. days. The plaintiff, upon this testimony, contended that it was competent to the jury to presume the receipt of the money by the defendant, after the expiration of the 60 days, and that it, therefore, lay with the defendant to prove that he had not received it.
1Opinion of the CourtThompson, J.
The count, for money had and received, is technical, and, to maintain it, proof must be given that money, belonging to the plaintiff, has come to the hands of the defendant.(1)
Non-suit ordered.
Mnrvmet and Van Wyclc, for the plaintiff.
Jones and Wells, for the defendant.
In the ease of Israel v. Douglass, (1 H. Bl. 239,) Wilson, J., says, it is highly necessary that the forms of actions should he kept distinct. Courts *112of justice have, in my opinion, already gone quite far enough, in extending the favorite count for money had and received, But I know of no case, where they have gone so far as to…
2Cases cited2 opinions
- Beardsley v. RootNew York Supreme Court · 1814
- Washburn v. M'InroyNew York Supreme Court · 1810