Legal Opinion

Bralis v. Flanges

Nevada Supreme Court

Decided July 15, 1921No. 2430PublishedCited by 2 opinions

Appeal from Ninth Judicial District Court, White Pine County; C. J. McFadden, Judge. Action by G. Bralis against Alex Flanges and others, doing-business as the Mothers’ Baking Company. From a judgment for plaintiff and an order denying a new trial, defendants appeal.

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Appeal from Ninth Judicial District Court, White Pine County; C. J. McFadden, Judge. Action by G. Bralis against Alex Flanges and others, doing-business as the Mothers’ Baking Company. From a judgment for plaintiff and an order denying a new trial, defendants appeal. To hold one liable in an action for money paid, payment must have been made to his use, and at his request, either express or implied, and the complaint must so allege. 27 Cyc. 841; Huguet v. Owen, 1 Nev. 464. Partnerships are not bound by every contract of purchase made by an individual member. ' If purchases are not within the…

1Opinion of the Court

By the Court,

Ducker, J.:

This is an action for money paid at defendant’s request. The parties will be referred to as they stood in the lower court.

*180On the 15th of December, 1918, at Ely, White Pine County, Nevada, defendants' were doing business as copartners under the name of Mothers’ Baking Company. It is alleged in the amended complaint that on that date at said place plaintiff, at the special instance and request of defendants, as such copartners, advanced and paid from and out of his own personal funds to one J. O. McIntosh, then and there doing business in said Ely under the name of the…

2Cases cited4 opinions

  1. McLeod v. LeeNevada Supreme Court · 1882
  2. Roney v. BucklandNevada Supreme Court · 1868
  3. National Automatic Furnace Co. v. WilmerSupreme Court of Colorado · 1907
  4. Steel Rail Supply Co. v. Baltimore & L. Ry. Co.Court of Appeals for the Third Circuit · 1904

3Cited by2 opinions

  1. Edmonds v. PerryNevada Supreme Court · 1943
  2. Agricultural Insurance Co. of Watertown v. BiltzNevada Supreme Court · 1937

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