Beardslee v. Horton
Michigan Supreme Court
This was an action of assumpsit brought by Beardslee “ for the use of Mary Ann Hunt, formerly Mary Ann Culver,” to recover the amount due upon an instrument signed by the defendant, and claimed to be a promissory note, and also a sum of money, the avails of certain demands left by Mrs. Culver with defendant for collection.
Read the full summary
This was an action of assumpsit brought by Beardslee “ for the use of Mary Ann Hunt, formerly Mary Ann Culver,” to recover the amount due upon an instrument signed by the defendant, and claimed to be a promissory note, and also a sum of money, the avails of certain demands left by Mrs. Culver with defendant for collection. After the money was collected, and the same had been demanded of the defendant, Mrs. Culver being about to get married, made an ante-nuptial assignment of all her property to the plaintiff' in trust, for her separate use apart from her husband’s control. The plaintiff…
1Opinion of the Court
By the Court,
Johnson, J.
The first question which-arises in this-case is, whether am action for money had and received, can be sustained by the plaintiff.
By the antermptial agreement of the 1st of March, A. D. 1844, at which time the money in question was in the hands of defendant, Mrs. Culver transferred all her estate, personal -and real, to the plaintiff, Beardslee, for certain uses therein expressed.
-The defendant was the agent of Mrs. Culver, and as such had collected the money in question; it was her money; a specific thing, in the hands of her agent. By the agreement aforesaid, this…
2Cases cited3 opinions
- Eddy v. SmithNew York Supreme Court · 1835
- Reid v. President & Directors of the Rensselaer Glass FactoryNew York Supreme Court · 1824
- Thallhimer v. BrinckerhoffNew York Supreme Court · 1826
3Cited by24 opinions
- Moore v. MandlebaumMichigan Supreme Court · 1860
- Murphy v. McGrawMichigan Supreme Court · 1889
- Atkinson v. ScottMichigan Supreme Court · 1877
- Donkersley v. LevyMichigan Supreme Court · 1878
- First National Bank v. CarsonMichigan Supreme Court · 1886
19 more not listed; retrieve them via the Exa API.