Lavelle v. Gordon
Montana Supreme Court
Appeal from, Seventh Judicial District, Yellowstone County. Action to recover money paid. Judgment was rendered for the plaintiffs by Milburn, J. Statement of the case by the justice delivering the opinion; The defendant in this action appeals from a judgment entered in favor of plaintiffs upon the overruling of defendant’s demurrer to the complaint. The demurrer was upon the ground that the complaint did not state facts sufficient to constitute a cause of action.
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Appeal from, Seventh Judicial District, Yellowstone County. Action to recover money paid. Judgment was rendered for the plaintiffs by Milburn, J. Statement of the case by the justice delivering the opinion; The defendant in this action appeals from a judgment entered in favor of plaintiffs upon the overruling of defendant’s demurrer to the complaint. The demurrer was upon the ground that the complaint did not state facts sufficient to constitute a cause of action. That pleading states the following facts: On November 20, 1891, the plaintiffs, with Rudolph Schultz and Charles D. Fox, entered…
1Opinion of the CourtDe Witt, J.
— It is claimed by the plaintiffs in this action that one-half of the installment which they paid to the railroad company on November 20, 1893, was paid for and on behalf of defendant, who was their co-owner in the land and the contract; and that they, having paid said money in behalf of defendant, are entitled to recover the same from him. A kindred subject was very recently before this court in the case of Lloyd v. Board of Commissioners, decided March 4, 1895. In that case this court said: “‘In order to entitle a person to recover money paid for another, a request, express or implied, must…
2Cases cited4 opinions
- Elliott v. SackettSupreme Court of the United States · 1883
- Shepherd v. MaySupreme Court of the United States · 1885
- Fiske v. TolmanMassachusetts Supreme Judicial Court · 1878
- Pendleton v. CowlingMontana Supreme Court · 1891
3Cited by3 opinions
- Apple v. EdwardsMontana Supreme Court · 1932
- Thompson v. Lincoln National Life InsuranceMontana Supreme Court · 1943
- Urban v. PhyCourt of Appeals for the Ninth Circuit · 1928