Penwell v. Flickinger
Montana Supreme Court
Appeal from District Court, Lewis and Clark County; J. M. Clements, Judge. Action by Lewis Penwell against C. M. Flickinger and W. R. Strong, copartners doing business under the firm name and style of Flickinger & Strong. From a judgment in favor of plaintiff, defendants appeal. A voluntary payment of the debt of another by a third person, not subsequently ratified, cannot be made the basis of an action against the original debtor to recover the amount so voluntarily paid.
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Appeal from District Court, Lewis and Clark County; J. M. Clements, Judge. Action by Lewis Penwell against C. M. Flickinger and W. R. Strong, copartners doing business under the firm name and style of Flickinger & Strong. From a judgment in favor of plaintiff, defendants appeal. A voluntary payment of the debt of another by a third person, not subsequently ratified, cannot be made the basis of an action against the original debtor to recover the amount so voluntarily paid. It is elementary law that no man can be made a debtor for money paid by another unless it was paid at his request, or the…
1Opinion of the CourtJustice Sanner
The original complaint in this action was filed on September 16, 1910. Issue was joined, but afterward, and on January 26, 1911, an “amended and supplemental complaint” was filed, alleging, in substance, that in June, 1910, defendants agreed to sell .to the Beaverhead Ranch Company, a corporation, a certain automobile, for which they were fully paid in the sum of $956.50; that they never delivered the automobile and never returned the purchase price or any part of it, though demanded so to do; that on August 6, 1910, plaintiff paid said Beaver-head Ranch Company the full sum of $956.50, and…
2Cases cited6 opinions
- Moran v. AbbeyCalifornia Supreme Court · 1883
- Capital Lumber Co. v. BarthMontana Supreme Court · 1905
- Prosser v. Montana Central RailroadMontana Supreme Court · 1895
- Martin v. QuinnCalifornia Supreme Court · 1869
- Crystal v. HuttonCalifornia Court of Appeal · 1905
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Marysville Development Co. v. HargisIdaho Supreme Court · 1925
- Williard v. CampbellMontana Supreme Court · 1932
- Chisholm v. Vocational School for GirlsMontana Supreme Court · 1936
- General Finance Co. v. PowellMontana Supreme Court · 1943
- Kennedy v. ConradMontana Supreme Court · 1932
3 more not listed; retrieve them via the Exa API.