2 Edw. Ch. 417 | New York Court of Chancery | 1835
The first question is, upon the effect to be given to the judgment either as a plea in bar or as evidence between the parties ? For, if the judgment be conclusive, there is an end of the cause.
In the case under consideration, the action brought in the Supreme Court was, in form; an action of assumpsit for money had and received. It was between the same parties and for the same sum which is in demand by the present bill.
Since the decision of Lord Mansfield in the often quoted case of Moses v. Macfarlan, 2 Burr. 1005, courts of law have constantly regarded the action for money had and received as an equitable action anda substitute, in a great measure, for a bill in equity. It is held to lie whenever a defendant has received money which he is under an obligation, from the ties of natural justice and equity, to refund. The law then implies a debt; and gives the action as being founded upon the equity of the plaintiff’s case. If it arise from fraud or imposition practised by the defendant, breach of confidence or trust, extortion or oppression or any other undue advantage taken of the plaintiff’s situation and the defendant has by any of these means received money which ex aquo et bono he ought to refund, the plaintiff may, at his election, waive the tort and, upon the notion of an implied contract or obligation in law, recover the money in this form of action. Upon these grounds or some of them the complainants brought their action at law ; and the present bill rests upon no broader basis. The same facts were given in evidence in support of the action which are now presented for the purpose of upholding the equity of the bill; and the merits of the case were gone into and passed upon by the Supreme Court. And if, upon the facts and under the circumstances of the case.
Courts of Equity will sometimes entertain bills and grant relief, notwithstanding a verdict and judgment at law. The cases in which this may be done are adverted to and the principles upon which the court proceeds are clearly stated by Spencer Ch. J. and Van Vechten, Senator, in King v. Baldwin, 17 J. R. 384. But there is nothing in those principles to warrant this court in disregarding the judgment at law set up in the present case as a bar.
I must dismiss the bill; yet considering the eircumstan