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2 D.C. 169

Wagner v. Watts

Decided June 15, 1819

Assumpsit for $3000, money had and received by the defendant to the plaintiff’s use, being the proceeds of the sale of the stock of books and stationery of Mr. Richards, a bookseller in Georgetown, under a mortgage made.by him to the defendant, dated 3d of May, 1817, and upon which the plaintiff claimed to haye a prior mortgage, dated 1st of February, 1817.

Decided 1819-06-15

The CouRT

¶1gave the instruction as prayed, and further instructed, the jury, that the plaintiff could not recover for any part of the stock of goods which was acquired by Bichards subsequently to the date of the first mortgage, whether such additions to the original stock of goods consisted of goods bought with the proceeds of the sales of the said original stock, or of goods exchanged for the same as aforesaid.

¶2The plaintiff took a bill of exceptions, but no writ of error.

¶3Verdict for defendant.

¶4But see 2 Eq. Ca. Ab. 479, 480, and Bucknal et al. v. Roiston,. Prec. in Chan. 285.

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