Elgin v. Gross-Kelly & Co.
New Mexico Supreme Court
Appeal from District Court, Bernalillo County; H. F. Baynolds, Judge. Action by Willie Elgin, as administrator de bonis non of the goods, chattels, and credits of M. B. Atkinson & Sons, against Gross-ICelly & Co., a corporation. From a judgment for plaintiff, defendant appeals.
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Appeal from District Court, Bernalillo County; H. F. Baynolds, Judge. Action by Willie Elgin, as administrator de bonis non of the goods, chattels, and credits of M. B. Atkinson & Sons, against Gross-ICelly & Co., a corporation. From a judgment for plaintiff, defendant appeals. Action for money had and received is purely equitable and recovery must be upon equitable principles. 27 Cye. 849. The law raises an implied promise to refund money by one who has received it under a mistake as to a material fact and is not entitled thereto. 15 A. & E. Enc. Law (2d Ed.) 1103, 4, 5. For discussion of…
1Opinion of the Court
OPINION OP THE COURT.
HANNA, J.
(after stating the facts as above.) — The first assignment of error presented by the brief and argument of appellant is that the court erred in its conclusions of law and its judgment in holding that the appellee was entitled to recover from Gross-Kelly &'Co. the amount of the check which had been given by M’. B. Atkinson & Sons, and paid by the bank upon which it was drawn without notice of the death of a member of said firm, after the cheek was given and before it was presented and paid. We are, therefore, concerned solely with the question of whether or not…
2Cases cited6 opinions
- Hove v. Stanhope State BankSupreme Court of Iowa · 1908
- Oliver v. EnriquezNew Mexico Supreme Court · 1911
- Raesser v. National Exchange BankWisconsin Supreme Court · 1902
- Banks v. BurnamSupreme Court of Missouri · 1875
- Daniel v. . BellamySupreme Court of North Carolina · 1884
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Miller v. SmithNew Mexico Supreme Court · 1955
- State v. ArchuletaNew Mexico Court of Appeals · 1970
- Hobbs v. Town of Hot SpringsNew Mexico Supreme Court · 1940
- Safeway Stores, Incorporated v. Herbert WilcoxCourt of Appeals for the Tenth Circuit · 1955
- Rabbit Ear Cattle Company v. FriezeNew Mexico Supreme Court · 1969
2 more not listed; retrieve them via the Exa API.