From Johnston. This case commenced by a warrant before a Justice of the Peace, in which the Plaintiff claimed the sum of forty-five dollars, “ a balance due to him on exchange of some bank notes.” The Plaintiff declared upon a special agreement, and for money liad and received, for money paid to the Defendant by mistake, &c. There was no evidence of any special agreement, and the only evidence to maintain the other counts was, that the Plaintiff had, by mistake, paid to the…
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The case states, that there was no evidence of a special agreement, and the only evidence to support the money counts was, that the Plaintiff had, by mistake, paid to the Defendant a fifty dollar bank note for a five dollar bank note. A bank note is not money, and does not differ in its nature from any other promissory note payable to bearer. A delivery by mistake of any thing, except money, does not pass the property in the thing delivered, and cannot raise an implied promise to pay-money. Let the rule for a new trial be made absolute.
