Luther v. Hunter
North Dakota Supreme Court
Appeal from District Court, Cass County; Pollock, J. Action by Hedwig Luther against William T. Hunter. Judgment for defendant, and plaintiff appeals. The proof and defendants answer shows that he received the money from the administrator for the payment of Luther’s administration fees of which plaintiff holds an assignment executed before defendant received the money and that defendant received it with knowledge of plaintiffs claim.
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Appeal from District Court, Cass County; Pollock, J. Action by Hedwig Luther against William T. Hunter. Judgment for defendant, and plaintiff appeals. The proof and defendants answer shows that he received the money from the administrator for the payment of Luther’s administration fees of which plaintiff holds an assignment executed before defendant received the money and that defendant received it with knowledge of plaintiffs claim. Hence, unless defendants show good title to the money as against plaintiff, he is liable for money had and received. Revised Codes, § 4263; 3 Blackstone, 162;…
1Opinion of the CourtBartholomew, J.
Plaintiff and defendant each claim the ownership, by assignment, of the fees that were due one Herman M. Luther, as administrator of the estate of August Luther late of Cass County, in this state, deceased. The estate proved to be insolvent, and did not pay even the preferred claims in full, but defendant received the pro rata per cent, that the estate paid on account of such fees, and plaintiff brings this action to recover from him, and, by reason of certain facts hereafter stated, seeks to recover the full amount of such claim. There was a trial to a jury, and a verdict for defendant. Judg*547m…
2Cases cited3 opinions
- Gray v. . BartonNew York Court of Appeals · 1873
- Wadd v. . HazeltonNew York Court of Appeals · 1893
- Stanford v. McGillNorth Dakota Supreme Court · 1897
3Cited by7 opinions
- Petty v. Mutual Benefit Life InsuranceSupreme Court of Iowa · 1944
- Zeman v. MikolasekNorth Dakota Supreme Court · 1947
- Leedham v. LeedhamSupreme Court of Iowa · 1934
- First National Bank & Trust Co. v. GreenNorth Dakota Supreme Court · 1935
- Perry v. ErdeltNorth Dakota Supreme Court · 1930
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