Lipman, Wolfe & Co. v. Phœnix Assur. Co.
Court of Appeals for the Ninth Circuit
In Error to the District Court of the United States for the District of Oregon; Robert S. Bean, Judge. Action by Eipman, Wolfe & Co., a corporation, against the Phoenix Assurance Company, Limited. From a judgment dismissing the complaint, plaintiff brings'-error.
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In Error to the District Court of the United States for the District of Oregon; Robert S. Bean, Judge. Action by Eipman, Wolfe & Co., a corporation, against the Phoenix Assurance Company, Limited. From a judgment dismissing the complaint, plaintiff brings'-error. The plaintiff in error alleged in its complaint that it was engaged in business conducting a department store at Portland, Or., and that on March 3, 1903, it suffered loss from a fire in adjacent premises, and upon the adjustment of the loss the defendant in error paid to the plaintiff in error on its insurance policy on the stock of…
1Opinion of the CourtGilbert, Circuit Judge
(after stating the facts as above). [1] The first question which arises is whether the complaint states a cause of action. In Cary v. Curtis, 3 How. 236, 247 (11 L. Ed. 576), the court said:
“The action of assumpsit for money had and received, it is said by Lord Mansfield, Burr, 1012, Moses v. MacFarlen, will lie in general whenever the *546defendant has received money which is the property of the plaintiff, and which the defendant is obliged by the ties of natural justice and equity to refund. And by Buller, Justice, in Stratton v. Rastall, 2 T. R. 370, ‘that this action has .been of late years…
2Cases cited27 opinions
- Cary v. CurtisSupreme Court of the United States · 1845
- Carew v. RutherfordMassachusetts Supreme Judicial Court · 1870
- Gaines v. MillerSupreme Court of the United States · 1884
- Leather Manufacturers' Bank v. Merchants' BankSupreme Court of the United States · 1888
- Byxbie v. . WoodNew York Court of Appeals · 1862
22 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Winget v. RockwoodCourt of Appeals for the Eighth Circuit · 1934
- Mutual Building & Loan Ass'n v. WatsonSupreme Court of Alabama · 1933
- Dolores v. Roberts v. Oren W. Hollandsworth, Grace Hollandsworth, and Idapine Mills, Inc., an Oregon CorporationCourt of Appeals for the Ninth Circuit · 1978
- Watchorn v. Roxana Petroleum CorporationCourt of Appeals for the Eighth Circuit · 1925
- Malone v. Norwest Financial California, Inc.District Court, E.D. California · 2000
8 more not listed; retrieve them via the Exa API.