Page:United States Reports, Volume 1.djvu/506

 

HAT is a reafonable time to renew an action after abatement; or to profecute it upon the foundation of the old writ, where there has been an abatement.

ACCOUNT. See Action.

The Court will not in one action enquire, upon motion, into the merits of another.

An action for money had and received, &c. is a liberal action, and will lie in all cafes where, by the ties of natural juftice and equity, the Defendant ought to refund.

But where a party might with good confcience receive the money, although he could not recover it at law, he who voluntarily paid it, cannot in this action compel a return.

The Court will enquire into the caufe of action in the cafe of Foreign Attachments, as they do in cafes of Capias.

There is no cafe which gives a creditor an action againft the debtor of his debtor: there is no privity between them.

A writing under feal cannot be given in evidence, to fupport an action of Aʃʃumpʃit upon a promiffory note.

An action will not lie in a common law Court, where the queftion arifes from the neceffary and immediate confequences of a veffel's being taken as prize.

In an action for money had and received, &c. the Plainitff fo far confirms the Defendant's act, as that he cannot gainfay the right to receive the money, and can recover no more than was actually received.

In an action of debt brought upon a bond, and where the iffue is joined on a plea of payment, the Jury may, and ought to, prefume everything to have been paid, which, en eque et bano, in equity and good confcience, ought not to be paid.

In an action of account between partners, if thefe facts are proved, that a partnerfhip exifted, that the Defendant was the acting partner, and that he received any part of the fum from any of the perfons mentioned in the declaration, the Court will uniformly oblige him to account.

The mere fale and delivery of a promiffory note, without any indorfement or affignment, will not be fufficient to maintain an action brought by the purchafor in his his own name, where no other confideration for an aʃʃumpʃit  is laid in the declaration.

A perfon whofe eftate was confifcated during the late war, under no act of the Legiflature of Connecticut, for adhering to the Britiʃh government, cannot fue here to recover a debt, vefted by that confifcation in the State of Connecticut, although no proceedings were had on the part of the State, to reduce the debt into poffeffion, before the Treaty of Peace.

What is a reafonable time to renew an action after abatement, or to profecute it upon the foundation of the old writ, where there has been no abatement.

Aʃʃumpʃit for money had and received, &c. will lie to recover back the confideration money given for the purchafe of lands, and deeds or other writings which are not the immediate foundation of the fuit, but only tending to it, may be given in evidence.