Miller v. Dugan
Supreme Court of Iowa
.Appeal from, Muscatme Circuit Court. Action at law by the plaintiffs, who are assignees of á' eeri tain judgment, to recover of the defendants, who ái’é their assignors, the difference between the amount which appeared to be due on the judgment and the amount actually due thereon, which difference, $1,219.60, was the result of a mistake. Trial to the court; judgment for defendants. The plaintiffs appeal. The facts appear in the opinion.
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.Appeal from, Muscatme Circuit Court. Action at law by the plaintiffs, who are assignees of á' eeri tain judgment, to recover of the defendants, who ái’é their assignors, the difference between the amount which appeared to be due on the judgment and the amount actually due thereon, which difference, $1,219.60, was the result of a mistake. Trial to the court; judgment for defendants. The plaintiffs appeal. The facts appear in the opinion. When one wrongfully retains money, although it was rightfully received, the action for money had and received furnishes a just and appropriate remedy.…
1Opinion of the CourtCole, J.
— The facts are numerous, and it will conduce to perspicuity to group them with reference to their association and chronology. Thus arranged, they may be stated:
First. In July, 1861, Wm. EL Miller, the father of plaintiffs, executed his five several promissory notes, aggregating $3,978 ; said notes were payable in one, two, three, four and five years, respectively, and were secured by a mortgage upon real estate, executed by said W. IT. Miller and Rebecca S. Miller, his wife. In December, 1863, said notes remaining unpaid, suit was brought thereon by Thomas Dugan, the owner of thfem, and to…
2Cases cited2 opinions
- Watson v. ChesireSupreme Court of Iowa · 1865
- Wolcott v. TimbermanSupreme Court of Iowa · 1870
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