Morton v. City of Nevada
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the Western District of Missouri. Action by William H. Morton against the city of Nevada, in the state of Missouri, for money had and received. Trial by the court on an agreed statement of facts. Judgment for defendant. 41 Fed. Rep. 582. Plaintiff brings error. Affirmed. Statement by Caldwell, Circuit Judge: This was an action brought by the plaintiff in error against the defendant in error for money had and received.
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In Error to the Circuit Court of the United States for the Western District of Missouri. Action by William H. Morton against the city of Nevada, in the state of Missouri, for money had and received. Trial by the court on an agreed statement of facts. Judgment for defendant. 41 Fed. Rep. 582. Plaintiff brings error. Affirmed. Statement by Caldwell, Circuit Judge: This was an action brought by the plaintiff in error against the defendant in error for money had and received. The defense was a general denial, and a plea of the statute of limitations. The case was tried by the court below upon the…
1Opinion of the Court
Caldwell, Circuit Judge,
(after stating the facts.) It is needless to discuss the question of the liability of the defendant to the plaintiff for the money received for the void bonds. Under some circumstances money thus paid may be recovered back; under other circumstances it cannot. To which class this case belongs we need not inquire, because, if any such liability ever existed, it was clearly barred before this action was brought. By section 3230 of the Revised Statutes of Missouri the limitation of actions on implied contracts is five years. The plaintiff’s action is bottomed on the…
2Cases cited4 opinions
- Bank of the United States v. DANIELSupreme Court of the United States · 1838
- Miller v. AdamsMassachusetts Supreme Judicial Court · 1820
- Jones v. School District No. 19Supreme Court of Kansas · 1881
- Lunt v. WrennIllinois Supreme Court · 1885
3Cited by5 opinions
- Stoneham Five Cents Savings Bank v. JohnsonMassachusetts Supreme Judicial Court · 1936
- John Nuveen & Co. v. City of QuincySupreme Court of Florida · 1934
- Geer v. School Dist. No. 11Court of Appeals for the Eighth Circuit · 1901
- Ætna Life Ins. v. Lyon CountyU.S. Circuit Court for the District of Northern Iowa · 1897
- Nashville, Chattanooga & St. Louis Railway v. DaleSupreme Court of Kansas · 1903