Graham v. Goudy
Pennsylvania Court of Common Pleas, Westmoreland County
THIS was an action of indebitatus assumsit, for money laid out and expended, for money had and received, and for money due on an insimul computassent. Goudy, for value received, had, before it was due, which was in May, 1795, assigned to Graham a bond, on one Neily and one Emerson, who, in March, 1795, went down the river. Neily never returned publicly. In July, 1795, there was judgment against Emerson, on this bond, a writ of enquiry, and final judgment for 21l.
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THIS was an action of indebitatus assumsit, for money laid out and expended, for money had and received, and for money due on an insimul computassent. Goudy, for value received, had, before it was due, which was in May, 1795, assigned to Graham a bond, on one Neily and one Emerson, who, in March, 1795, went down the river. Neily never returned publicly. In July, 1795, there was judgment against Emerson, on this bond, a writ of enquiry, and final judgment for 21l. Emerson knew, that Neily had directed one Smith, to pay the bond assigned to Graham; and understood from Graham, that he had given…
1Opinion of the Court
President.
The recovery is put on two grounds:—
1. Imposition or fraud;
2. The consideration happening to fail.
1. Fraud is not to be presumed, and has not been proved. If the circumstances were equally in the knowledge of both, and the assignee took the risk, he must bear the loss.
2. If the transaction was fair, and if the consideration failed through the negligence of Graham, he must bear the loss. It does not appear, that the consideration, for which value was given, was an undertaking that the bond should be paid, but an assigning of the bond. If there had been an undertaking by the assignor,…
2Cited by6 opinions
- Martelon v. TempleCourt of Appeals for the Tenth Circuit · 1984
- Braithwaite v. JordanNorth Dakota Supreme Court · 1895
- Hunt v. United StatesU.S. Circuit Court for the District of Massachusetts · 1812
- Martelon v. TempleCourt of Appeals for the Tenth Circuit · 1984
- Huenefeld v. MaloneyDistrict Court, D. Massachusetts · 1999
1 more not listed; retrieve them via the Exa API.