District Township of Norway v. District Township of Clear Lake
Supreme Court of Iowa
Appeal from Hamilton District Court. The facts are stated in the opinion of the court. relies upon the following authorities: Barb. S. C. E. 370; 1 Wend. 355; 2 Eich. 317; 8 Ire. 441; Pars. Cont. 40, 41, 42; 2 Kent 620; 15 John. 41; Ripley v. Gelsten 9; John. 208; 2 Smiths L. C. 343 and the cases there cited.
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Appeal from Hamilton District Court. The facts are stated in the opinion of the court. relies upon the following authorities: Barb. S. C. E. 370; 1 Wend. 355; 2 Eich. 317; 8 Ire. 441; Pars. Cont. 40, 41, 42; 2 Kent 620; 15 John. 41; Ripley v. Gelsten 9; John. 208; 2 Smiths L. C. 343 and the cases there cited. The action for money had and received lies against a mere intruder or trespasser: O’ Oonley v. Natchez, 1 Sm. & Mar. 31. And generally when money is received by one which belongs to another, the law raises a promise on the part of the receiver to pay it over. Hawley v. Sage, 15, Conn. 52…
1Opinion of the CourtWright, J.
If money is received by one which belongs to another, the rule is a general one, that the law implies a promise on the part of the receiver, to pay it over. Based upon this implied promise an action may be maintained for its recovery. And this rule applies to corporations as to individuals.
Where, therefore, the petition showed that in August 1858, the township of Norway was legally organized, being before a part of the township of Clear Lake; that fifty of the eighty school children in the old township were in the new; that an apportionment of the school money (teachers fund) was made by the…
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- State, Department of Human Services Ex Rel. Palmer v. Unisys Corp.Supreme Court of Iowa · 2001
- Iconco, a Corporation, and Cross-Appellant v. Jensen Construction Company, a Corporation, and Cross-AppelleeCourt of Appeals for the Eighth Circuit · 1980
- City of Logansport v. DykemanIndiana Supreme Court · 1888
- Clark v. First National BankMissouri Court of Appeals · 1894
- McClean v. StansberrySupreme Court of Iowa · 1911
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