Parsons v. De Forest
The Superior Court of New York City
This was an action of assumpsit for money had and received,— the declaration containing but a single count, which embraced the usual money demands and an account stated. The defendants appeared by different attorneys and separately pleaded the general issue. The defendant Jewett, suffered a default to be taken against him, but Parsons appeared and defended.
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This was an action of assumpsit for money had and received,— the declaration containing but a single count, which embraced the usual money demands and an account stated. The defendants appeared by different attorneys and separately pleaded the general issue. The defendant Jewett, suffered a default to be taken against him, but Parsons appeared and defended. The cause was tried before Mr. Justice Oakley, and at the trial, the plaintiffs, to support the issue on their part, produced and read, in evidence a bill of complaint filed in the, Court of Equity for the first Circuit of the State of…
1Opinion of the Court
Hoffman J.
After stating the facts observed, that the utmost extent to which the evidence in the cause went, was to show that each of the trustees had funds enough in his hands, arising from the proceeds of the property assigned, to pay the demand of the plaintiffs ; and the question was, whether such proof could sustain this action.
The plaintiffs, in order to make the defendants liable, must prove an express promise on their part to pay this demand ; and in order to support their declaration, they must also show that the promise was a joint one. There can be no doubt that either of these…
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