Leete v. Pacific Mill & Mining Co.
U.S. Circuit Court for the District of Nevada
This is an action for money had and received. The allegation in the complaint is “that on or about the 1st day of May, 1896, the defendant received from the government of the United States the sum of $3,200, to and for the use and benefit of the plaintiff.”
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This is an action for money had and received. The allegation in the complaint is “that on or about the 1st day of May, 1896, the defendant received from the government of the United States the sum of $3,200, to and for the use and benefit of the plaintiff.” The answer of the defendant admits the collection of the sum qf $3,200' from the government, but denies that the money, or any part of it, was received “to or for the use or benefit of said plaintiff,” and denies “that the whole or any part thereof is now, or ever was, due to said plaintiff.” The action is based upon certain negotiations…
1Opinion of the CourtHawley, District Judge
'after stating the facts as above). From the foregoing facts the question arises, which of the parties is entitled to the money repaid by the government after the cancellation of the entry for the Eagle Salt Works, and after the purchase of the property by the plaintiff from the defendant? The case is unique. It is sui generis. It stands alone, without any direct precedent or guide. *963The general principles of law, as announced in the authorities cited by tiie respective counsel, do not reach the pivot of the scales by which the case is to be weighed and determined. Each party is confident, but…
2Cases cited16 opinions
- Chicago v. SheldonSupreme Court of the United States · 1870
- Topliff v. TopliffSupreme Court of the United States · 1887
- Gaines v. MillerSupreme Court of the United States · 1884
- St. Louis Gaslight Co. v. City of St. LouisSupreme Court of Missouri · 1870
- Rockefeller v. MerrittCourt of Appeals for the Eighth Circuit · 1896
11 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- National Bank of Commerce v. Equitable Trust Co.Court of Appeals for the Eighth Circuit · 1915
- Dickey v. HurdCourt of Appeals for the First Circuit · 1929
- Clarke v. Eureka County BankDistrict Court, D. Nevada · 1903
- Leete v. Pacific Mill & Mining Co.U.S. Circuit Court for the District of Nevada · 1898
- Dickey v. HurdCourt of Appeals for the First Circuit · 1929
1 more not listed; retrieve them via the Exa API.