East-Haddam Bank v. Scovil
Supreme Court of Connecticut
This was an action of assumpsit for money had and received; tried at Haddam, September term, 1836, before Church, J. On the 26th of December, 1S31, Noah Scovil, of the city* of London, in the kingdom of Great-Britain, drew a bill of exchange of that date, in favour of Amos Scovil, the defendant, for 610 dollars, payable seven months from its date, upon Cheavens Sp Burdett, merchants, in the city of New-York.
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This was an action of assumpsit for money had and received; tried at Haddam, September term, 1836, before Church, J. On the 26th of December, 1S31, Noah Scovil, of the city* of London, in the kingdom of Great-Britain, drew a bill of exchange of that date, in favour of Amos Scovil, the defendant, for 610 dollars, payable seven months from its date, upon Cheavens Sp Burdett, merchants, in the city of New-York. This bill was afterwards accepted, by Cheavens Burdett, and subsequently endorsed by the defendant, and Samuel Ing-ham, for the purpose of being transmitted to the East-Had-dam Bank for…
1Opinion of the CourtHuntington, J.
No exception has been taken to the instruction to the jury, that money paid by mistake, and under a misapprehension of facts, and where no laches are imputable to the plaintiff, (in respect to his omission to use the means of knowledge within his power) and when in equity and good conscience the defendant cannot retain it, can be recovered back. Milnes v. Duncan, 6 B. & C. 671. Indeed, the principle involved in this instruction, has become almost an axiom in the law ; and is as just in itself, as it is fully supported by authority: Nor does any just exception exist to the charge, that the…
2Cases cited4 opinions
- PRESIDENT AND DIRECTORS OF THE BANK OF WASHINGTON v. Triplett & NealeSupreme Court of the United States · 1828
- Lawrence v. Stonington BankSupreme Court of Connecticut · 1827
- Hartford Bank v. StedmanSupreme Court of Connecticut · 1821
- Holland v. TurnerSupreme Court of Connecticut · 1834
3Cited by21 opinions
- Exchange Nat. Bank of Pittsburgh v. Third Nat. Bank of NYSupreme Court of the United States · 1884
- Daly v. Butchers' & Drovers' BankSupreme Court of Missouri · 1874
- Guelich v. National State BankSupreme Court of Iowa · 1881
- Frost v. Alturas Water Co.Idaho Supreme Court · 1905
- Citizens Bank v. John A. Howell & Bros.Court of Appeals of Maryland · 1855
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