Frye v. Lockwood
New York Supreme Court
Assumpsit, for money had and received. The action _ ,*f, •*<•-> <-» , _ _ i _ , , m was to recover back f 100, money paid by the plamtm to t^ie defendant, upon the ground that it was wrongfully collected by him from the plaintiff, under pretence of its being a court martial fine, imposed under the circumstances detailed in Mills v. Martin, (19 John.
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Assumpsit, for money had and received. The action _ ,*f, •*<•-> <-» , _ _ i _ , , m was to recover back f 100, money paid by the plamtm to t^ie defendant, upon the ground that it was wrongfully collected by him from the plaintiff, under pretence of its being a court martial fine, imposed under the circumstances detailed in Mills v. Martin, (19 John. Rep. 7,) which see. ' v ' . The cause was tried at the Orange circuit, July 2d, 1823, More Duer, C. Judge. it was agreed that the money, since the decision in Mills v. Martin, could not have been legally collected by the defendant; but his counsel…
1Opinion of the Court
Curia, per
Sutherland, J.
Where money is, paid to an agent, for the purpose of being paid over to his principal, and is actually paid over, no suit will lie. against the agent to recover it back. In Sadler v. Evans, (4 Burr. 1984,) the defendant was the receiver of the rent, of Lady Windsor, and in that character demanded from the plaintiff, and received a certain rent, for which he gave a receipt, stating that he received it for the use of Lady Windsor. The rent, in truth,' was not due to Lady Windsor, but having been paid for the purpose of being paid over to her, it was held, that it could…
2Cases cited1 opinion
- Ripley v. GelstonNew York Supreme Court · 1812
3Cited by8 opinions
- First National Bank v. WatkinsMichigan Supreme Court · 1870
- Van Buren v. DowningWisconsin Supreme Court · 1876
- American Exchange Fire Insurance v. BrittonThe Superior Court of New York City · 1861
- Kremer v. LewisSupreme Court of Minnesota · 1917
- Craig v. BooneCalifornia Supreme Court · 1905
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