Welland Canal Co. v. Hathaway
New York Supreme Court
This was an action of assumpsit, tried at the Niagara circuit in April, 1830, before the Hon. Addison Gardner, one of the circuit judges. The declaration contained the common mopey counts, and the plea was the general issue.
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This was an action of assumpsit, tried at the Niagara circuit in April, 1830, before the Hon. Addison Gardner, one of the circuit judges. The declaration contained the common mopey counts, and the plea was the general issue. A special verdict was found by the jury, from which it appears that the defendant was a contractor to execute and construct a portion of the Welland cana* in Upper Canada, and that by- mistake, for the work done by him, he was overpaid the sum of $1000, to recover back which sum this suit was brought. In support of the action, the plaintiffs gave in evidence a receipt,…
1Opinion of the Court
By the Court, Nelson J.
That the plaintiffs, must, at the trial, proves themselves duly incorporated by competent authority, on the plea of the general issue, is not to be contested at this day in this court, 19 Johns. R. 300 ; 1 Wendell, 555 : this is conceded by the counsel for the plaintiffs, but it is contended that the receipt of the defendant and his contract with the agent of the company ought to estop him from denying their legal existence ; or at least are prima facie evidence of that fact, subject to be rebutted. There is a dictum of Ch. J. Thompson, in the Dutchess Cotton…
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