Winkley v. Foye
Superior Court of New Hampshire
Assumpsit, for money had and received by the defendant to the plaintiff’s use. Plea, the general issue. Upon the trial it appeared in evidence that the plaintiff, on or about the 12th of January, 1848, left with the defendant the sum of thirty dollars, on account of a suit which had then been commenced by the defendant against Samuel Laighton and Mark H. Winkley.
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Assumpsit, for money had and received by the defendant to the plaintiff’s use. Plea, the general issue. Upon the trial it appeared in evidence that the plaintiff, on or about the 12th of January, 1848, left with the defendant the sum of thirty dollars, on account of a suit which had then been commenced by the defendant against Samuel Laighton and Mark H. Winkley. The plaintiff claimed that he left the money with the defendant as a friend of the parties to that action, the plaintiff being his nephew and the defendants his son and son-in-law, under an agreement between him and the defendant…
1Opinion of the CourtBell, J.
Prima facie the action of assumpsit for money had and received puts in issue the title to the money, the ownership or property of the sum claimed, and the general issue denies the plaintiff’s title to it. And in this view the title to the sum in controversy might be in dispute here. But as the general issue embraces many grounds of defence, it is apparent that the question of title does not necessarily arise. The defendant may deny the receipt of any money, or he may allege that he received it under such circumstances that he is not accountable to the plaintiff for it. Neither of these…
2Cited by1 opinion
- Spencer v. St. ClairSupreme Court of New Hampshire · 1876