Carey v. Prentice

1 Root 91

Opinion

The case was — 'In December A,. I). 1780 the defendant was commandant of the fort at New Loudon; and the plaintiff was going out with his vessel, loaded with oats; having the governor’s permit to transport them to Newport, but had not given bond agreeable to tlie statute; the defendant seized the vessel and cargo; upon which the plaintiff gave the defendant £145, to let him pass; which the defendant received and permitted the plaintiff to pass without giving bonds. Yerdict and judgment was, for the plaintiff to recover, being money paid 115011 an illegal consideration, and which, the defendant had no right to hold) or retain.