Degenhart v. Cartier
Montana Supreme Court
'Appeal from District Court, Granite County; George' B. Winston, Judge. Action by Lee C. Degenhart against George A. Cartier and others. Judgment for plaintiff and defendants appeal. Under the doctrine of money had and received, plaintiff is entitled to recover. Appellant took and received from the county treasurer money, which in equity and good conscience he ought not to retain, but in equity and good conscience he should return to respondent.
Read the full summary
'Appeal from District Court, Granite County; George' B. Winston, Judge. Action by Lee C. Degenhart against George A. Cartier and others. Judgment for plaintiff and defendants appeal. Under the doctrine of money had and received, plaintiff is entitled to recover. Appellant took and received from the county treasurer money, which in equity and good conscience he ought not to retain, but in equity and good conscience he should return to respondent. The law implies a promise, an obligation, on the part of Power to repay the same. The legal principles here involved have been declared by the courts…
1Opinion of the CourtJustice Matthews
The complaint in this action has been before this court on the -question of its sufficiency. (Degenhart v. Cartier et al., 52 Mont. 102, 157 Pac. 637.) The actiop. was brought to recover the sum of $1,012.80, with interest—it being alleged in the complaint that plaintiff had theretofore commenced an action against defendant Cartier, and caused a writ of attachment to be issued therein and placed in the hands of the sheriff for service; that the only property possessed by Cartier, and not exempt from execution, was certain livestock, of the value of $1,600, subject to a chattel mortgage to the…
2Cases cited3 opinions
- Deering & Co. v. WheelerSupreme Court of Iowa · 1889
- Tate v. KramerCourt of Appeals of Texas · 1892
- Degenhart v. CartierMontana Supreme Court · 1916
3Cited by3 opinions
- Thornton v. WallaceMontana Supreme Court · 1929
- Doering v. SelbyMontana Supreme Court · 1926
- Doyle v. Union Bank & Trust Co.Montana Supreme Court · 1936