Beauchamp v. Sconce
Supreme Court of Missouri
APPEAL PROM RAY CIRCUIT COURT. 1st. The plaintiff below appellee here seeks to recover for money had and received, and the defendant below appellant here may rely upon every thing which shows that the plaintiff ex equo et bono, is not entitled to recoyer. Comyn on Contracts, 266. 2d.
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APPEAL PROM RAY CIRCUIT COURT. 1st. The plaintiff below appellee here seeks to recover for money had and received, and the defendant below appellant here may rely upon every thing which shows that the plaintiff ex equo et bono, is not entitled to recoyer. Comyn on Contracts, 266. 2d. The moral obligation created by the defendant’s advancing money to the husband of the plaintiff to save his property from execution, upon his pledging this money to re-imburse him. is a sufficient consideration to support her promise that he might retain this money in payment of the money so advanced. Wheaton’s…
1Opinion of the Court
McBride, judge,
delivered the opinion of the court.
Rachael Sconce brought her action of assumpsit in the Ray circuit court against John A. Beauchamp, for money had and received and for money lent. The defendant pleaded non-assumpsit, upon which issue was taken, and the cause submitted to the court, without the intervention of a jury, when the court found for the plaintiff and assessed her damages to $104. The defendant thereupon filed his motion for a new trial, and in arrest of the judgment, which being overruled, he excepted and appealed to this court.
The evidence in the cause shows that the…
2Cited by6 opinions
- State v. RaySupreme Court of Missouri · 1873
- State v. StumboSupreme Court of Missouri · 1858
- Wells v. SangerSupreme Court of Missouri · 1855
- St. Joseph Folding Bed Co. v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1899
- Stahlman v. United Railways Co.Missouri Court of Appeals · 1914
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