16 F. Cas. 657
U.S. District Court
Decided December 15, 1805
U.S. District Court · decided 1805-12-15
Money had and received. The evidence was a verbal agreement between the plaintiff and the defendant to share the commissions on the sales of a cargo in the West Indies, the plaintiff being master, and the defendant supercargo. There was no special agreement stated in the declaration; and there was no evidence that the defendant had actually received the commissions.
Decided 1805-12-15
¶1The opinion of
¶2was, that the jury must be satisfied that the defendant received the money, but that the delivery of the inward cargo to the owners, without the consent of the plaintiff, is evidence of the defendant’s receipt of his commissions, which the defendant in this case ought not to be permitted to deny.