McFarland v. Crary
New York Supreme Court
Assumpsit for money had and received; tried at «y * Washington circuit, November 5th, 1826, before WalWORTH, 0. Judge. ' It was admitted at the trial, that in 1823, one Wilson brought trover, in this court, against the now plaintiff, then a deputy sheriff, for property taken by him under a fi. jfo., against one Waters, in favor of one Billings.
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Assumpsit for money had and received; tried at «y * Washington circuit, November 5th, 1826, before WalWORTH, 0. Judge. ' It was admitted at the trial, that in 1823, one Wilson brought trover, in this court, against the now plaintiff, then a deputy sheriff, for property taken by him under a fi. jfo., against one Waters, in favor of one Billings. Judgment of non-suit was obtained against Wilson in May term, 1824, One Boot also sued the plaintiff in trover, for a like cause, which action was tried in 1824, and Boot non-suited; and judgment of non suit perfected. The defendant being sued for an…
1Opinion of the Court
[Sutherland, J.,
put the case of treble damages and treble costs; and said the adverse argument would go to give the client double costs and treble damages, while the attorney would be confined to his single costs.]
Billings was the real party; and the real client, to whom the balance beyond single costs were due, if to any body The indemnity took away all the interests of the plaintiff. (7 Gowen, 358.) To warrant» this action for money had and received, it must belong to the plaintiff ex equo etlonc. Here is not a pretence of any equitable claim. That lies exclusively with Billings. Being the…
2Cases cited5 opinions
- Jackson ex dem. People v. EtzNew York Supreme Court · 1826
- Walradt v. MaynardNew York Supreme Court · 1848
- Ex parte StattsNew York Supreme Court · 1825
- Scott v. ElmendorfNew York Supreme Court · 1815
- Ex parte FergusonNew York Supreme Court · 1827
3Cited by9 opinions
- Stewart v. FlowersMississippi Supreme Court · 1870
- Mendelsohn v. Equitable Life Assurance SocietyNew York Supreme Court · 1942
- Green v. MilbankNew York Supreme Court · 1877
- Livingston v. CoxSupreme Court of Pennsylvania · 1847
- Gilbert v. KennedyMichigan Supreme Court · 1870
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