Yeater v. Hines
Missouri Court of Appeals
Appeal from Saline Circuit Court, Hon. John P. Strother, Judge. Statement of case by the court.. This was an action for money had and i’eceived.
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Appeal from Saline Circuit Court, Hon. John P. Strother, Judge. Statement of case by the court.. This was an action for money had and i’eceived. It was alleged, in substance, in the petition that the plaintiffs were partners, engaged in the buying and shipping of live stock, and that, as such partners, they bought of one Reynolds a certain lot of cattle in the year 1880 ; that, before receiving the cattle, the defendant represented to plaintiffs that he held three notes against Reynolds for the various amounts named, and that they were all secured by chattel mortgages on the cattle purchased…
1Opinion of the CourtHall, J.
The defendant’s counsel argues that this is an action for fraud and deceit, and that the trial court erred in not trying the case on that theory. In this position the counsel, in our opinion, is not correct. The petition lays no damages. The plaintiffs seek to recover no damages. This action is for money had and received by the defendant for the use - of the plaintiffs on an implied promise on the part of the defendant to pay said money to plaintiffs, founded on the payment thereof by plaintiffs to defendant under a mistake of fact, viz.: The belief that defendant had a lien on plaintiffs’…
Also in this document: Concurrence.
2Cases cited1 opinion
- Lyle v. ShinnebargerMissouri Court of Appeals · 1885
3Cited by3 opinions
- Dobson v. WinnerMissouri Court of Appeals · 1887
- Smith v. MeansMissouri Court of Appeals · 1913
- McLennon v. SiebelMissouri Court of Appeals · 1909