Rainwater v. Harris
Supreme Court of Arkansas
APPP5AL from Washington Circuit Court. J. M. Pittman, Judge. 1. If in contemplation of the parties it was not intended that the money should be repaid, the law will not imply a promise to repay. Chitty on Contracts, p. 23 ; 3 Addison on Contracts, secs. 1408 — 9. The action for money had, etc., is an equitable action in its nature and cannot be maintained where it is inequitable to make a party repay the money. 2 Greenl.
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APPP5AL from Washington Circuit Court. J. M. Pittman, Judge. 1. If in contemplation of the parties it was not intended that the money should be repaid, the law will not imply a promise to repay. Chitty on Contracts, p. 23 ; 3 Addison on Contracts, secs. 1408 — 9. The action for money had, etc., is an equitable action in its nature and cannot be maintained where it is inequitable to make a party repay the money. 2 Greenl. Ev., sec. 117. 2. The payment by a widow before letters of administration are granted to her, of a debt of her husband, in good faith, the estate being solvent, is binding.…
1Opinion of the CourtHughes, J.
The complaint in this action alleged that the defendant, Rainwater, was indebted to the plaintiff in the sum of three hundred dollars for money had and received of her. The answer contains three counts; first a general and second a special denial. The third count is as follows: “That prior to the death of the said J. A. Harris, to-wit, in the year 188— this defendant loaned to him the sum of three hundred dollars in cash, and took no note or evidence of indebtedness therefor, but that the same was entered by the said Harris in his own private memorandum book; that the said J. A. Harris was…
2Cases cited7 opinions
- Hatch v. ProctorMassachusetts Supreme Judicial Court · 1869
- Stagg v. GreenSupreme Court of Missouri · 1871
- Gilkey v. HamiltonMichigan Supreme Court · 1871
- Harris v. SealsSupreme Court of Georgia · 1859
- Taylor v. PhillipsSupreme Court of Vermont · 1858
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3Cited by3 opinions
- Bieatt v. EcholsSupreme Court of Arkansas · 1930
- First State Bank v. BradenSouth Dakota Supreme Court · 1917
- Holt, Trustee v. Cassinelli, Admx.Supreme Court of Arkansas · 1942