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Receipt

Dictionary of Terms and Phrases Used in American or English Jurisprudence · Benjamin Vaughan Abbott · 1879

Dictionary of Terms and Phrases Used in American or English Jurisprudence

1.

The act or transaction of accepting or taking any thing delivered; and, in the plural, moneys Code, § 1825, relating to the compensation of administrators, therein used, means pecuniary assets, and does not embrace assets which are not money or currency.

Wright V. Willierson, 41 Ala. 267. 2.

A written acknowledgment of the payment of money or delivery of chattels; the certificate of the party receiving a delivery that it has been made. What is called a simple receipt, merely acknowledges delivery. A receipt on account or in full contains clauses stipulating that the payment shall be applied to a specified demand, or that it is accepted in discharge of the demand. Properly, a receipt is the written acknowledgment of the receipt of money, or a thing of value, without containing any affirmative obligation upon either party to it, — a mere admission of a fact in writing; but, when a receipt contains stipulations which amount to a contract, it becomes a contract, and must be governed by the law of contracts, and can be avoided only by fraud, mistake, failure of consideration, rescission, or some way known to the law. A receipt may be defined to be such a written acknowledgment by one person of his liaving received inoney from another as will be prima facie evidence of tliat fact in a court of law. An indorsement on a note in the handwriting of the maker, without any signature, but made in the presence, with the concurrence, and by the direction of the payee, is a receipt.

Kegg v. State, 10 Ohio, 75.