Van Hoesen v. Minnesota Baptist State Convention
Supreme Court of Minnesota
This action was brought in the district court for Dakota county, to recover the sum of $400, as money received by tbe defendant in three equal annual installments, from divers Baptist churches in the State of Minnesota, for the use oí the plaintiff and to be paid to him. The action was tried by a referee, who reported in favor of the plaintiff. Prom the judgment entered upon the report the defendant appeals. Wie case is sufficiently stated in the opinion.
1Opinion of the Court
By the Court
Ripley, Ch. J.
To support this action for money had and received, the plaintiff must show that the defendant has received or obtained possession of money, which, in equity and good conscience, he ought to pay over to the plaintiff. 2 Greenl. Ev. sec. 117.
He insists that it is settled, that, where one makes a promise to another for the benefit of a third person, that third person, though 'a stranger to the consideration, may maintain an action upon such promise, and that the facts found by the referee bring this case within the rule.
Taking it for granted that it is, as Prof. Parsons…
2Cited by8 opinions
- State v. QuackenbushSupreme Court of Minnesota · 1906
- State v. BradySupreme Court of Minnesota · 1955
- State v. BrinSupreme Court of Minnesota · 1883
- Town of Buyck v. BuyckSupreme Court of Minnesota · 1910
- State v. RheamsSupreme Court of Minnesota · 1885
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