Adams v. Darby
Supreme Court of Missouri
Appeal from Si. Louis Circuit Court. I. Where a party has received;m,oney which in equity and good conscience he has no right to retain, he is liable, in an action for money had -and'received, to the person to whom in justice and conscience the money belongs, (7 Mass. 288 ; 10 S. & R. 219 ; 6 S. & R. 369.; l'Dall. 148; '2 Dali.-.154; 1 Harr. & Gill, 258; 13 Wend. 488; 2 Nenio',' 91.) The bill of exchange was payable out of the proceeds of :the .castor oil.
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Appeal from Si. Louis Circuit Court. I. Where a party has received;m,oney which in equity and good conscience he has no right to retain, he is liable, in an action for money had -and'received, to the person to whom in justice and conscience the money belongs, (7 Mass. 288 ; 10 S. & R. 219 ; 6 S. & R. 369.; l'Dall. 148; '2 Dali.-.154; 1 Harr. & Gill, 258; 13 Wend. 488; 2 Nenio',' 91.) The bill of exchange was payable out of the proceeds of :the .castor oil. The defendant received the.proceeds of the oil. By drawing the bill, he had agreed, with him who might be the holder of the bill at…
1Opinion of the CourtRichardson, Judge
It is averred in the petition that on the.4th of September, 1856, the plaintiff deposited with the defendants, who are bankers, $2,296, under the agreement that he could withdraw the same at his pleasure; that he drew checks against the *164deposit, prior to the 18tb of October, to the amount of $1,635, leaving a balance of about $660; and that after-wards, on the 17th of December, he drew a check for said balance which the defendants refused to pay. The defendants in their amended answer did not deny any of the allegations in the petition, but set up as a counter claim that the plaintiff, on the…
2Cases cited2 opinions
- New Orleans v. United StatesSupreme Court of the United States · 1836
- Kimball v. DonaldSupreme Court of Missouri · 1855
3Cited by7 opinions
- Bartleman v. HumphreySupreme Court of Missouri · 1969
- Second Nat. Bank of Toledo v. M. Samuel & Sons, Inc.Court of Appeals for the Second Circuit · 1926
- Wooldridge v. BryanSupreme Court of Missouri · 1925
- Moody, Michel & Co. v. MackSupreme Court of Missouri · 1869
- Carroll v. SweetThe Superior Court of the City of New York and Buffalo · 1894
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