McGarry v. Tanner & Bakes Co.
Utah Supreme Court
Appeal from the Fifth District Court, Beaver County, Hon. E. Y. Higgins, Judge. Action to recover money loaned defendant company at the request of its manager.
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Appeal from the Fifth District Court, Beaver County, Hon. E. Y. Higgins, Judge. Action to recover money loaned defendant company at the request of its manager. From a judgment for defendant plaintiff appealed. ‘ ‘ An action for assumpsit for money had and received is an equitable remedy that lies in favor of one person against another, when the other person has received money either from the plaintiff himself or third persons, under such circumstances that in equity and good conscience he ought not to retain the same, and which ex aequo et bono belongs to the plaintiff. ’ ’ Soderberg v. Kings…
1Opinion of the Court
Bartch, O. J.
The material allegations in the complaint in this case are substantially as follows: That W. H. Bakes was the active manager and superintendent and had sole and exclusive charge of the business of the defendant, a corporation; that on February 13, 1896, Bakes requested the plaintiff to loan the corporation $250, and agreed, on behalf of the corporation, that if plaintiff would loan it that sum, the corporation would repay him, on or before August 2, 1896, with interest at 12% per annum from date until paid; that then and there, in consideration of said promise of repayment, the…
2Cases cited2 opinions
- Lowe v. Salt Lake CityUtah Supreme Court · 1896
- Jennings v. PrattUtah Supreme Court · 1899
3Cited by2 opinions
- Winegar v. Slim Olson, Inc.Utah Supreme Court · 1953
- Kitchen v. KitchenUtah Supreme Court · 1934