Tilford v. Roberts

Indiana Supreme Court

Decided December 1, 1856

Indiana Supreme Court · decided 1856-12-01

<p>ERROR to the Morgan Circuit Court.</p>

Relies on Patterson v. Coats · Helvey v. Board of Commissioners

Good law ✅— No negative treatment on recordhow we know

Decided 1856-12-01

How this case has been cited

Cited by 8 later decisions — most recently April 1929

1 federal appellate · 7 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Per Curiam.

¶1Money paid, on an executory contract which the recipient of the payment fails to fulfill may be recovered back. Patterson v. Coats, 8 Blackf. 500.

¶2Payment may be made in any thing which the creditor will accept as payment. Louden v. Birt, 4 Ind. R. 566.

¶3The count for money had and received, &e., is sustained by proof that the defendant had received property which might be presumed to have been converted into money. Helvey v. The Board, &c., 6 Blackf. 317.

¶4On the evidence, the judgment in this case is right; and it is affirmed with 5 per cent damages and costs.