Busby v. Century Gold Mining Co.
Utah Supreme Court
Appeal from the Third District Court, Salt Lake County. — Ho». 8. W. Stewart, Judge. Action for money had and received. From a judgment in favor of the plaintiff, the defendant appealed. STATEMENT OF FACTS.
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Appeal from the Third District Court, Salt Lake County. — Ho». 8. W. Stewart, Judge. Action for money had and received. From a judgment in favor of the plaintiff, the defendant appealed. STATEMENT OF FACTS. Plaintiff brought this action to recover from defendant the sum of $603.75. The complaint, in substance, alleges: (1) The corporate existence of defendant; (2) that between the 16th day of October, 1897, and the 17th day of October, 1898, plaintiff loaned to defendant, at its special instance and request, and for its use and benefit, certain sums of money amounting to $603.75, which said…
1Opinion of the CourtMcCARTY, J.
(after stating the facts).
1 The first contention of appellant is that by the terms of the written acknowledgment referred to in the statement of facts, considered in connection with the circumstances and conditions, as shown by the evidence, under which the loans were made, payment was to he postponed until such time as the profits of appellant company would he sufficient to liquidate the indebtedness evidenced by the receipts or acknowledgments mentioned. Counsel for appellant say in their brief “that respondent expressly waived claim of payment except upon the happening of a contingency and…
2Cases cited7 opinions
- Noland v. BullOregon Supreme Court · 1893
- Crooker v. HolmesSupreme Judicial Court of Maine · 1875
- DeWolfe v. FrenchSupreme Judicial Court of Maine · 1864
- Sears v. WrightSupreme Judicial Court of Maine · 1844
- Page v. CookMassachusetts Supreme Judicial Court · 1895
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Frank v. Butte & Boulder Mining & Lumber Co.Montana Supreme Court · 1913
- Jankele v. Texas Co.Utah Supreme Court · 1936
- Watchorn v. Roxana Petroleum CorporationCourt of Appeals for the Eighth Circuit · 1925
- Cantamar, L.L.C. v. ChampagneCourt of Appeals of Utah · 2006
- Lynch v. Keystone Consol. Mining Co.California Supreme Court · 1912
6 more not listed; retrieve them via the Exa API.