Legal Opinion

Truro v. Passmore

Montana Supreme Court

Decided April 3, 1909No. 2,632PublishedCited by 7 opinions

Appeal from District Court, Silver Bow County; Geo. M. Bourquin, Judge. Action by Leo Truro and another against Charles Passmore and another. Judgment for defendants. Plaintiffs appeal from it and an order denying them a new trial. Under the common count for money had and received, both at common law and under the Codes, fraud may be proven to recover money paid under a written contract. (Moses v. Maoferian, 2 Burr. 1005; Smith v. Lamb, 26 111. 397, 79 Am.

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Appeal from District Court, Silver Bow County; Geo. M. Bourquin, Judge. Action by Leo Truro and another against Charles Passmore and another. Judgment for defendants. Plaintiffs appeal from it and an order denying them a new trial. Under the common count for money had and received, both at common law and under the Codes, fraud may be proven to recover money paid under a written contract. (Moses v. Maoferian, 2 Burr. 1005; Smith v. Lamb, 26 111. 397, 79 Am. Dec. 381; Johnson v. Continental Ins. Co. of N. Y. City, 39 Mich. 33; Bliss v. Thompson, 4 Mass. 488; Jasper Trust Co. v. Kansas City etc.…

1Opinion of the CourtJustice Smith

The complaint in this action alleges that on the twenty-fourth day of April, 1907, the defendants received the sum of $3,000 from the plaintiffs “to and for the use of the plaintiffs,” which sum, after demand, the defendants have refused to repay. The answer is a general denial. At the trial the plaintiffs introduced in evidence a written contract between the parties, which recites that on the twenty-fourth day of April, 1907, defendants agreed to sell to plaintiffs a one-third interest in a certain option agreement with third persons, which on the day before, April 23, had been extended to…

2Cases cited6 opinions

  1. Minor v. BaldridgeCalifornia Supreme Court · 1898
  2. Grannis v. HookerWisconsin Supreme Court · 1871
  3. Abadie v. CarrilloCalifornia Supreme Court · 1867
  4. Freeborn v. GlazerCalifornia Supreme Court · 1858
  5. People v. RamirezCalifornia Supreme Court · 1859

1 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Mieyr v. Federal Surety Co.Montana Supreme Court · 1934
  2. Moser v. Pugh-Jenkins Furniture Co.Idaho Supreme Court · 1918
  3. Ludwig v. HollingsworthWashington Supreme Court · 1929
  4. Moore Bros. Sheep Co. v. LehfeldtMontana Supreme Court · 1920
  5. Ballenger v. TillmanMontana Supreme Court · 1958

2 more not listed; retrieve them via the Exa API.

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