Dickerson v. Layton

Superior Court of Delaware

Dickerson v. Layton

97 A. 231, 29 Del. 84, 6 Boyce 84, 1916 Del. LEXIS 4

CourtSuperior Court of Delaware

DecidedApril 11, 1916

DocketNo. 8

StatusPublished

This text of 97 A. 231 (Dickerson v. Layton) is published on Counsel Stack Legal Research, covering Superior Court of Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Dickerson v. Layton, 97 A. 231, 29 Del. 84, 6 Boyce 84, 1916 Del. LEXIS 4 (Del. Ct. App. 1916).

Pincite

Opinion

Heisel, J.,

delivering the opinion of the court:

[1, 2] We feel clear that the testimony in this case does not [86]*86support the narr. The count for money had and received only lies when there has been payment of money to the person against whom the action is brought. In this case there is no testimony that anything was ever paid to the defendant. From the evidence, it appears that the action should have been an action of trespass against Tatman for injury to real estate.

For the reasons the court have just stated to counsel, we direct you to find a verdict for the defendant.

Verdict for defendant.

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Heisel, J.,

delivering the opinion of the court:

[1, 2] We feel clear that the testimony in this case does not [86]*86support the narr. The count for money had and received only lies when there has been payment of money to the person against whom the action is brought. In this case there is no testimony that anything was ever paid to the defendant. From the evidence, it appears that the action should have been an action of trespass against Tatman for injury to real estate.

For the reasons the court have just stated to counsel, we direct you to find a verdict for the defendant.

Verdict for defendant.

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Bluebook (online)

97 A. 231, 29 Del. 84, 6 Boyce 84, 1916 Del. LEXIS 4, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dickerson-v-layton-delsuperct-1916.