Weston v. Barker
New York Supreme Court
THIS was an action of assumpsit,’tried before his honour the late Chief Justice, at the sittings in New-York, the 12th of Rfovem- , 1.010 ' Oer, 18 Id. ■ Bowen Sr Robins, partners in trade, in' New-York, for the PurP0Se of. securing certain debts,, on the 4th of March, 1811, a£si£ned to the defendant two policies of insurance, d.ated on. the 1 st of. September, 1810, made by the New-York Insurance • Company, on vessel and cargo.
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THIS was an action of assumpsit,’tried before his honour the late Chief Justice, at the sittings in New-York, the 12th of Rfovem- , 1.010 ' Oer, 18 Id. ■ Bowen Sr Robins, partners in trade, in' New-York, for the PurP0Se of. securing certain debts,, on the 4th of March, 1811, a£si£ned to the defendant two policies of insurance, d.ated on. the 1 st of. September, 1810, made by the New-York Insurance • Company, on vessel and cargo. At the time of the assignment, they addressed a letter to the defendant, as follows: “ Sir, we have, together with Mr. E. M. Stillwell, (who was jointly interested…
1Opinion of the Court
Thompson, Ch, J.,
delivered the opinion of the court. The principal question in this casé, is, whether an action for money: had and received,; can be sustained by the present plaintiff. It was not denied on the argument by the defendant’s counsel, but that the action would be supported, if ati express promise to pay proved; and, indeed, this principle is too well settled- to be questioned. It has been repeatedly recognised in this court. [7 Johns. Rep. 103. 8 Johns. Rep. 149.] It appears to me that the : proof in this cáse, establishes such a promise,' according to the good sense, and sound…
2Cases cited1 opinion
- Neilson v. BlightNew York Supreme Court · 1799
3Cited by40 opinions
- Felix v. PatrickSupreme Court of the United States · 1892
- Harris v. . ClarkNew York Court of Appeals · 1849
- Biddel v. BrizzolaraCalifornia Supreme Court · 1883
- Arnold v. LymanMassachusetts Supreme Judicial Court · 1821
- Morris v. . Windsor Trust Co.New York Court of Appeals · 1914
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