Beach v. Vandenburgh
New York Supreme Court
IN ERROR, on certiorari, from a justice’s court. Vanden- * * “ burgh brought an action of assumpsit against Beach, before the justice, and declared for money paid, laid out, &c. for the defendant. There was a trial by jury.
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IN ERROR, on certiorari, from a justice’s court. Vanden- * * “ burgh brought an action of assumpsit against Beach, before the justice, and declared for money paid, laid out, &c. for the defendant. There was a trial by jury. The plaintiff below proved that he was the collector of taxes for the town of Beekman, and called at the house of the defendant for his tax, when he was absent: and the time to pay the . e A ^ county treasurer being come, the plaintiff paid the defendant s tax to the county treasurer. There was no evidence that the defendant ever requested the plaintiff to pay the tax for…
1Per curiam
This case is within the principle decided in r Jones v. Wilson. (3 Johns. Rep. 434.) A payment on request, , ,,-t or a subsequent promise to repay, was necessary to be shown, The judgment below must be reversed.
Judgment reversed.
2Cited by4 opinions
- Neely v. JonesWest Virginia Supreme Court · 1880
- Watkins v. Trustees of the Richmond CollegeSupreme Court of Missouri · 1867
- Sornberger v. BerggrenNebraska Supreme Court · 1886
- City of Albany v. McNamaraNew York Supreme Court · 1888