Catlin v. Allen
Supreme Court of Vermont
Indebitatus Assumpsit for money had and received, and for ■money paid, laid out and expended. Plea, the general issue, and trial by the court.
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Indebitatus Assumpsit for money had and received, and for ■money paid, laid out and expended. Plea, the general issue, and trial by the court. The plaintiff, to sustain the issue upon his part, gave evidence from which it appeared that the defendant, Allen, at the August 'Term of Chittenden County Court, 1839, recovered a judgment against the plaintiff and one William Ogden, in an action upon a jail bond, taken by the said Allen as Sheriff of Chittenden County; that the court rendering said judgment refused to stay execution thereon ; that the plaintiff, Catlin, paid the aniount of said…
1Opinion of the Court
The opinion of the" court was delivered by
Bennett, J.
It is too well settled to admit of debate, that, as a general rule, an aetion for money had and received will lie to recover back money v collected under a judgment subsequently reversed ; but the question is, will it lie under the particular circumstances of this case? The judgment against Catlin was obtained in an action upon a jail bond, executed to Allen as sheriff of the county of Chittenden, upon one Ogden’s being committed to jail upon an execution in favor of Orvis & Cole. Catlin signed the bond as surety. It appears that one Blood…
2Cases cited1 opinion
- Ross v. FullerSupreme Court of Vermont · 1839
3Cited by2 opinions
- Langley v. . WarnerNew York Court of Appeals · 1850
- Seaver v. WestonMassachusetts Supreme Judicial Court · 1895