Gillespie v. Evans

Citations

• 10 S.D. 234
• 72 N.W. 576
• 1897 S.D. LEXIS 48

Syllabus

<p>1. Action for money had and received is proper remedy where the maker of notes, knowing they are in the hands of a third person, pays the amount thereof to the payee, at his solicitation, and on his representation that he is still the owner thereof, and will in a few days obtain and deliver them to the maker, and the payee fails to pay the notes, and obtain them from the person holding them as security, and refuses to return the money, but converts it to his own use,</p> <p>2. The measure of damages is the amount ponverted and interest, where the payee of notes, inducing the maker to pay them before maturity, and while to his knowledge in the hands of a third person, on his representation that they are still his property, and will be obtained and surrendered by him in a few days, fails to obtain them from the person holding them as security, and refuses to surrender the money, and converts it to his own use. CORSON, P. J., dissenting.</p>