8 Wend. 561
Decided January 15, 1832
New York Supreme Court · decided 1832-01-15
This was an action of assumpsit, tried at the Rensselaer circuit in June, 1830, before the Hon. James Vanderpoel., one of the circuit judges. The declaration contained the common money counts.
Good law ✅— No negative treatment on recordhow we know
Decided 1832-01-15
Cited by 4 later decisions — most recently December 1990
1 federal appellate · 3 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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¶1I think the motion for a new trial should be denied. The action for money had and received will lie.. The mistake was equivalent to so much money to the defendant; he had a credit to that amount, to which he was not entitled. The jury have found the fact of mistake, and there can be no doubt that ex aequo et bono the defendant ought to refund to the plaintiff.
¶2New trial denied.