Overholt v. Burbridge
Utah Supreme Court
Appeal from the Third' District Court, Salt Lake-County. — Eon. G. W. Morse, Judge. Action for money had and received. From a judgment in favor of the defendants, the plaintiff appealed. There is no- attempt on the part of the plaintiff in this case to enforce the original transaction. That has been executed. The plaintiff does not ask the court to recognize that transaction or give aid to it.
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Appeal from the Third' District Court, Salt Lake-County. — Eon. G. W. Morse, Judge. Action for money had and received. From a judgment in favor of the defendants, the plaintiff appealed. There is no- attempt on the part of the plaintiff in this case to enforce the original transaction. That has been executed. The plaintiff does not ask the court to recognize that transaction or give aid to it. It is the defendants who are seeking to invoke the alleged illegal transaction as a defense. The plaintiff is simply seeking to recover a sum of money now in the hands of the defendants, and admitted by…
1Opinion of the CourtMcCARTY, J.
Appellant contends that the wagering on the rise and fall of stocks was not between plaintiff and defendants, as found by the court, but that the undisputed evi-*414deuce 1 shows exclusively that the illegal transactions pleaded as a defense were between plaintiff and Wendt & Co. We think appellant is right in his contention, and that the court erred in its findings on this point. The record shows that defendants received $2,060 from plaintiff as a marginal protection to Wendt & Co., who “took the buying side of the deal,” which deal was brought about, carried on, and finally consummated by…
2Cases cited16 opinions
- Brooks v. MartinSupreme Court of the United States · 1864
- Planters' Bank v. Union BankSupreme Court of the United States · 1873
- Floyd v. PattersonTexas Supreme Court · 1888
- Gilliam v. BrownMississippi Supreme Court · 1871
- Manchester & Lawrence Railroad v. Concord RailroadSupreme Court of New Hampshire · 1889
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3Cited by7 opinions
- Dow v. United States Ex Rel. HolleyCourt of Appeals for the Tenth Circuit · 1946
- Matchett v. GouldCalifornia Court of Appeal · 1955
- Obradovich v. Walker Bros. BankersUtah Supreme Court · 1932
- Blair v. LowhamUtah Supreme Court · 1929
- Allen v. ForbisCourt of Appeals for the Ninth Circuit · 1911
2 more not listed; retrieve them via the Exa API.