Potter v. Benniss
1 Johns. 515
This text of 1 Johns. 515 (Potter v. Benniss) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
Potter v. Benniss, 1 Johns. 515 (N.Y. Super. Ct. 1806).
Opinion
An action for money had and received, will not lie against the overseer of the highways, in such a case. If any suit can be sustained, it must be an action on the case, quasi ex delicto. It would be inconvenient and vexatious, to permit public officers to be sued before a justice In this way, without any specific charge of mal-conduct.
•Judgment reversed.
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Bluebook (online)
1 Johns. 515, Counsel Stack Legal Research, https://law.counselstack.com/opinion/potter-v-benniss-nysupct-1806.