Atchison, Topeka & Santa Fé Railroad v. Maher
Supreme Court of Kansas
Error from, Barton Bistriot Court. Action brought by the Atchison, Topeka & Santa Fé Bid. Co. against Maher, for money had and received. Trial at the March Term, 1878, of the district court, and judgment for the defendant. New trial denied, and the Bailroad Company brings the case to this court. The facts sufficiently appear in the opinion.
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
This was an action brought by the Atchison, Topeka & Santa Fé Railroad Company against Samuel *164Maher, for money had and received. The answer of the defendant contained: 1. A general denial; 2. A plea that the defendant received the money, and loaned it to other parties merely as the agent of the plaintiff; 3. A plea that the whole transaction was ultra vires, and void. On the trial it was shown that the defendant received the money ($15,203.83) from Edward Wilder, who was the treasurer of and acting for the plaintiff. Before any money…
2Cited by3 opinions
- Missouri Pacific Railway Co. v. HolleySupreme Court of Kansas · 1883
- Parkinson Sugar Co. v. RileySupreme Court of Kansas · 1893
- Shoemaker v. St. Louis & San Francisco Railway Co.Supreme Court of Kansas · 1883