Smith v. Barnes County
North Dakota Supreme Court
Appeal from District Court, Barnes County, Coffey, J. From a judgment in defendant’s favor and from an order denying plaintiff’s motion for a new trial, he appeals.
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Appeal from District Court, Barnes County, Coffey, J. From a judgment in defendant’s favor and from an order denying plaintiff’s motion for a new trial, he appeals. Where a person or a corporation has accepted money which belongs to another, he or it is bound to pay it over to the other even though no privity of contract exists between the parties and even though there is no express promise to pay such money to the party to whom it belongs, because the law presumes such a promise to pay. Hyde v. Thompson, 19 N. D. 1, 120 N. W. 1095; Martin v. Boyer, 19 N. D. 504, 125 N. W. 1027, and cases…
1Opinion of the Court
Eisk, Ch. J.
Appellant, by this action, seeks to recover from the respondent, Barnes county, the sum of $500 and interest as for money had and received for the use and benefit of appellant’s assignor, one A. R. Smith, who deposited such sum with the clerk of the district court of said county in November, 1911, as cash bail for his appearance in the district court to answer to the charge of selling intoxicating liquors contrary to law. In February, 1913, A. R. Smith assigned tó *8appellant any claim which he possessed against defendant county for the recovery of such money.
The defense, briefly…
2Cases cited8 opinions
- People v. BuddCalifornia Supreme Court · 1881
- Warren v. StateSupreme Court of Arkansas · 1857
- People v. EbnerCalifornia Supreme Court · 1863
- State ex rel. Gleim v. EvansMontana Supreme Court · 1893
- People v. MillerAppellate Division of the Supreme Court of the State of New York · 1901
3 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- State v. OwensNorth Dakota Supreme Court · 1997
- Boehm v. BergerNorth Dakota Supreme Court · 1997