Richardson v. Moffitt-West Drug Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Warwick Hough,, Judge. (1) “Whenever a person has money in his possession, however he may have come by it, that belongs to another, and wbicb -ex aequo et tono be has no right to retain, the person to whom it belongs may maintain an action for it as for money had and received.
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Appeal from St. Louis City Circuit Court. — Hon. Warwick Hough,, Judge. (1) “Whenever a person has money in his possession, however he may have come by it, that belongs to another, and wbicb -ex aequo et tono be has no right to retain, the person to whom it belongs may maintain an action for it as for money had and received. Thus, when a person has purchased property from one who had no title thereto, and has sold it, and converted it into money, the true owner may maintain an action for money had and received instead of an action for the property or its value. But in such case his recovery…
1Opinion of the CourtGoode, J.
After formal averments of tbe death of his intestate and his taking charge of the estate, plaintiff states in his petition:
“The defendant, a corporation at all times herein named, is indebted to the estate of George ~W. Polston, deceased, in and to the sum of forty-five hundred dollars, for money had and received for the use of said estate over and above any and all indebtedness on the part of said Polston to defendant, which said money defendant obtained upon and from a certain policy of insurance payable to him, said George ~W\ Polston, and duly issued to said Polston by the John Hancock…
2Cases cited26 opinions
- Johnson—Brinkman Commission Co. v. Central BankSupreme Court of Missouri · 1893
- Gaines v. MillerSupreme Court of the United States · 1884
- Mansur v. BottsSupreme Court of Missouri · 1883
- Hall v. MarstonMassachusetts Supreme Judicial Court · 1822
- Crotty v. Union Mutual Life InsuranceSupreme Court of the United States · 1892
21 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- County of Nodaway v. KidderSupreme Court of Missouri · 1939
- Webster v. Sterling Finance Co.Supreme Court of Missouri · 1943
- Stout v. Caruthersville Hardware Co.Missouri Court of Appeals · 1908
- York v. Farmers BankMissouri Court of Appeals · 1904
- Estate of DeGheest v. Estate of DeGheestSupreme Court of Missouri · 1950
11 more not listed; retrieve them via the Exa API.