Chamberlin v. Spencer
4 Cow. 550
N.Y. Sup. Ct.1825Check TreatmentThe plaintiff might have sued for the money in his own name, and is therefore liable for costs. Goldthwayte and wife v. Petrie, (5 T. R. 234-5,) and Jenkins et ux. v. Plombe, (6 Mod. 91, id. 181, 1 Salk. 207, S. C.) are in point. These cases were fully considered and adopted in Ketchum v. Ketchum, (4 Cowen’s Rep. 87.) The only case against them is Eaves v. Mocato, (1 Salk. 314;) but this has never been acted upon; and there is reason to believe, from the mention of it in Jenkins v. Plume, (id. 207,) that it was wrongly reported; being an action on an insimul computassent; and not, as mentioned in the report, for money had and received. The motion must be granted.
Motion granted.