D'Utricht v. Melchor , 1 U.S. 428 ( 1789 )

1 U.S. 428 (1789) 1 Dall. 428

D'UTRICHT
versus
MELCHOR.

Supreme Court of United States.

The case being held for some days under advisement, the CHIEF JUSTICE now delivered the opinion of the Court to the following effect:

M`KEAN, Chief Justice.

It is unnecessary at this time to determine, whether the Plaintiff might have instituted an action of covenant, or deceit, in order to obtain a redress of the wrong which he has sustained; for, we think it is sufficient for his purpose, that an action of Assumpsit for money had and received to his use, has been brought; and that, to maintain this action, he may give in evidence, that the Defendant got his money by mistake, imposition, or deceit. To prove the alledged mistake, imposition, or deceit, deeds or other writings, which are not the immediate foundation of the suit, but only leading to it, may be read.

We are all, therefore, of opinion, that a new trial ought not to be granted.

Judgment for the Plaintiff.