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30 F. Cas. 789

Yates v. Curtis

U.S. District Court

Decided June 15, 1828

U.S. District Court · decided 1828-06-15

Assumpsit for money.had and received. Plea, the general issue. At the • trial if appeared, that J. B. Wood had been employed by the plaintiffs to sell and dispose of large numbers of lottery tickets in different lotteries on their own account, he receiving a commission therefor.

Decided 1828-06-15

STORY. Circuit Justice.

¶1Upon the facts, there does not seem any room for controversy. *790The ease of Thompson v. Perkins [Case No. 13,972], following Scott v. Surman, Willes, 400, settles tlie principle of law, that where a party can trace his property in the hands of his agent, and distinguish it from the mass of the property of the lattter, he is entitled to recover it. Here, it is capable of designation; and the outstanding dues on the sale of the lottery tickets belong to the plaintiffs, and the sums received by the defendant since the insolvency of Wood, are the property of the plaintiffs, and recoverable by them.

¶2Verdict for plaintiffs according to agreement of the parties.

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