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Cary Vs. Curtis

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  • US Supreme Court
  • Jan 01, 1845

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54 entries 3 linked 51 unlinked
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  1. Elliott Vs. Swartwout US Supreme Court · Jan 01, 1836
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  2. Bend Vs. Hoyt US Supreme Court · Jan 01, 1839
  3. Tracy Vs. Swartwout US Supreme Court · Jan 01, 1836
  4. U.S. 236 (1845) U.S. Supreme Court Cary v. Curtis
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  5. U.S. 3 How. 236 236 (1845) Cary v. Curtis
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  6. down by this Court with Page 44 U. S. 240 respect to collectors of the revenue, in the case of Elliott v. Swartwout
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  7. Pet. 137, and again incidentally in the case of Bend v. Hoyt
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  8. for it is very material in seeking for the views of Congress in this enactment, that the Court, in the case of Elliott v. Swartwout
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  9. operation of this section upon the conclusions either directly announced or as implied in the decision of Elliott v. Swartwout
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  10. and as it removed the implications on which the decision of Elliott v. Swartwout
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  11. stand affected. The action of assumpsit for money had and received, it is said by Ld. Mansfield, Burr. 1012, Moses v. Macfarlen
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  12. the defendant is obliged by the ties of natural justice and equity to refund. And by Buller, Justice, in Stratton v. Rastall
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  13. pay over the fund received to his principal. This doctrine is believed to be sanctioned by the cases of Greenaway v. Hurd
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  14. T.R. 553, of Coles v. Wright
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  15. Taunt. 198, and of Tope v. Hockin
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  16. but here, so far from there being such an engagement, they repudiated it altogether. Williams v. Everett
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  17. money received by the clerk, there was no privity of contract between the present plaintiff and the defendant. Stevens v. Badcock
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  18. Barn. & A. 354. So in the case of Sims v. Brittain
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  19. part-owners and C., and consequently that the action was not maintainable. To the same effect are the cases of Rogers v. Kelly
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  20. Campb. 123, and Edden v. Read
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  21. id. 339, and Wedlake v. Husley
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  22. the action. It was upon this principle that the action for money had and received was sustained in the case of Elliott v. Swartwout
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  23. exactions of officers of the Crown. Mr. Justice Bayley laid down the general principle with great exactness in Shaw v. Woodcock
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  24. In Irving v. Wilson
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  25. not legally due thereon has been, upon the most solemn deliberation, held by this Court in the cases of Elliott v. Swartwout
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  26. Pet. 137, and Bend v. Hoyt
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  27. mockery of justice. And this is the very doctrine affirmed in its full extent by this Court in the cases of Elliott v. Swartwout
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  28. it differs from the case of a voluntary payment. This distinction was taken and acted upon in the case of Snowden v. Davis
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  29. And the same doctrine was fully recognized and confirmed by this Court upon the most solemn consideration in Elliott v. Swartwout
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  30. In the case of Elliott v. Swartwout
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  31. Pet. 137, and in Bend v. Hoyt
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  32. is answerable for that violation. This must be the case unless, in the language of this Court in the case of Elliott v. Swartwout
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  33. In Townson v. Wilson
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  34. The same doctrine is held in Sadler v. Evans
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  35. Burr. 1986. And this Court in the above case of Elliott v. Swartwout
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  36. And in Tracy v. Swartwout
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  37. U.S. Supreme Court Cary v. Curtis
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  38. of Elliott v. Swartwout
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  39. of Bend v. Hoyt
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  40. Moses v. Macfarlen
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  41. Stratton v. Rastall
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  42. of Greenaway v. Hurd
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  43. of Coles v. Wright
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  44. and of Tope v. Hockin
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  45. Williams v. Everett
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  46. Stevens v. Badcock
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  47. of Sims v. Brittain
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  48. of Rogers v. Kelly
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  49. and Edden v. Read
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  50. and Wedlake v. Husley
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