Merchants' & Miners' National Bank v. Barnes
Montana Supreme Court
Appeal from Third Judicial District, Deer Lodge Gounty. ActioN for money had and received. The cause was tried before Brantly, J. Statement of the case by the justice delivering the opinion. Action for money had and received. The plaintiff bank alleges that the defendant and respondent, Barnes, received from the Granite Mountain Mining Company the sum of $226.18, to and for the use of the plaintiff bank. The case was tried to the court.without a jury.
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Appeal from Third Judicial District, Deer Lodge Gounty. ActioN for money had and received. The cause was tried before Brantly, J. Statement of the case by the justice delivering the opinion. Action for money had and received. The plaintiff bank alleges that the defendant and respondent, Barnes, received from the Granite Mountain Mining Company the sum of $226.18, to and for the use of the plaintiff bank. The case was tried to the court.without a jury. The evidence showed the following facts: About January 31, 1894, one A. Tyler made a contract for hauling wood with the Granite Mountain Mining…
1Opinion of the CourtHunt, J.
An action of assumpsit, for money had and received, is a remedy equitable in its nature, existing in favor of one person against another, when that other person has received money, either from plaintiff or a third person, under such circumstances that, in equity and good conscience, he ought not "to retain the same, and which ex aequo el bono, belongs to plaintiff. (Buel v. Boughton, 2 Denio 91; McFadden v. Wilson, 96 Ind. 253; Lockwood v. Kelsea, 41 N. H. 185; Laport v. Bacon, 48 Vt. 176.)
*338The old doctrine of the common law, that no action of contract can be maintained unless there is privity…
Also in this document: Concurrence.
2Cases cited7 opinions
- Brill v. . TuttleNew York Court of Appeals · 1880
- Buel v. BoughtonNew York Supreme Court · 1846
- McFadden v. WilsonIndiana Supreme Court · 1883
- St. Johns v. CharlesMassachusetts Supreme Judicial Court · 1870
- Coleman v. ScottNebraska Supreme Court · 1889
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3Cited by16 opinions
- Philpott v. Superior CourtCalifornia Supreme Court · 1934
- Gillette, Libby v. Murphy, Carroll, BroughSupreme Court of Oklahoma · 1898
- B. J. Wolf & Sons v. New Orleans Tailor-Made Pants Co.Supreme Court of Louisiana · 1900
- Rate v. American Smelting & Refining Co.Montana Supreme Court · 1919
- What Cheer Savings Bank v. MowerySupreme Court of Iowa · 1910
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