Kreutz v. Livingston
California Supreme Court
Appeal from the Ninth District. Complaint avers, in substance, as follows: In April, 1855, plaintiff loaned to certain members of the Yreka Water Co. $1,000, for the use and benefit of the company, taking the note of such members therefor, payable in six months.
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Appeal from the Ninth District. Complaint avers, in substance, as follows: In April, 1855, plaintiff loaned to certain members of the Yreka Water Co. $1,000, for the use and benefit of the company, taking the note of such members therefor, payable in six months. May 24th, 1855, the company, as party of the first part, and one Brooks, as party of the third part, executed a mortgage on the ditch and flumes of the company, to defendants, to secure $64,000, payable in nine months. The mortgage stipulated that defendants should not claim more than was actually due, and that it was executed, and…
1Opinion of the Court
Cope J. delivered the opinion of the Court
Baldwin, J. and Field, C. J. concurring.
The demurrers to the complaint were improperly sustained. The action is for money had and received to the use of the plaintiff, and the facts stated in the complaint show clearly that the defendants are in possession of money which in equity and conscience they are bound to pay over. They were the holders of a mortgage, given to secure the payment of advances made, and to be made, by themselves, and others, to the mortgagors. The plaintiff had made certain advances, and was one of the persons intended to be…
2Cases cited3 opinions
- Hall v. MarstonMassachusetts Supreme Judicial Court · 1822
- Eagle Bank of New-Haven v. SmithSupreme Court of Connecticut · 1823
- Mason v. WaiteMassachusetts Supreme Judicial Court · 1822
3Cited by18 opinions
- Johnson—Brinkman Commission Co. v. Central BankSupreme Court of Missouri · 1893
- Mumford v. WrightColorado Court of Appeals · 1898
- Bertone v. City & County of San FranciscoCalifornia Court of Appeal · 1952
- Richardson v. Moffitt-West Drug Co.Missouri Court of Appeals · 1902
- Canepa v. Sun Pacific, Inc.California Court of Appeal · 1954
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