Bunn v. Morris
New York Supreme Court
ASSUMPSIT for money had and received, the first count laying it to the use of the bankrupt before his bankruptcy ; the second, to that of his assignees.
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ASSUMPSIT for money had and received, the first count laying it to the use of the bankrupt before his bankruptcy ; the second, to that of his assignees. From the evidence disclosed at the trial, -the following appeared to be the circumstances of the case-. Valentine, the bankrupt, being owner of one third of the sloop Mtncy, agreed with the firm of Jackson & Perkins, who were triers owning another third, to load the vessel for the West-Indies he to furnish one half of her cargo, and they the other 5 either party to make up any deficiency that might arise on Ms, or thefr side ; the whole,…
1Opinion of the Court
Per curiam, delivered by
Spencer J.
It was left to the jury to decide on the accuracy and credibility of these witnesses, and it seems that they believed Valentine. The only question, therefore is, whether the assignment made by Jackson and Perkins, can, under the circumtances of this case, defeat the plaintiffs’ recovery.
From the manner in which the case is presented to the court, }t is to be intended, that the defendants have solcj the cargo, are possessed of the money, and that no difficulty exists of ascertaining the respective interests of the parties. It will not be necessary to decide,…
2Cited by2 opinions
- Myers v. WinnIllinois Supreme Court · 1854
- Gray v. BuckSupreme Judicial Court of Maine · 1886