Lakeport Nat. Bank v. Loring

3 Citing cases

  1. Walbridge v. Ne. Credit Union

    299 F. Supp. 3d 338 (D.N.H. 2018)   Cited 17 times
    Holding that "[a]lthough incompatible claims might be allowed to proceed at the pleading stage in some cases," because the plaintiff "brings claims for breach based on the same theory that he asserts in support of his equitable claims ... it is appropriate to dismiss the claims."

    "An action for money had and received is an equitable action, and may, in general, be maintained whenever the defendant has money belonging to the plaintiff which in equity and good conscience he ought to refund to him." Winslow v. Anderson, 78 N.H. 478, 102 A. 310, 311 (1917) (internal quotation marks omitted); see also Lakeport Nat'l Bank v. McDonald, 80 N.H. 337, 116 A. 638, 640 (1922) ; Rollins v. McDonald, 7 F.2d 422, 425 (1st Cir. 1925) (construing New Hampshire law). Generally, a claim for money had and received is construed to have the same elements as a claim for unjust enrichment, except that it is limited to enrichment by money.

  2. Sexton Motors, Inc. v. Renault Northeast, Inc.

    121 N.H. 460 (N.H. 1981)   Cited 3 times

    We will not review the sufficiency of the pleadings after the case has been tried without objection to the pleadings, because allegedly defective pleadings can be corrected by amendment after the trial. Lakeport Nat. Bank v. Loring, 80 N.H. 337, 339, 116 A. 638, 640 (1922); McDonald v. Smith, 79 N.H. 143, 143-44, 106 A. 558, 559 (1919). That the court entered judgment in favor of Sexton Motors notwithstanding the fact that Colonial Imports pleaded the breach does not require reversal of this case.

  3. Humiston v. Bushnell

    118 N.H. 759 (N.H. 1978)   Cited 13 times
    In Humiston v. Bushnell, 118 N.H. 759, 761-62, 394 A.2d 844, 845 (1978), we permitted an unmarried individual to recover from her cohabitant's estate her share of a joint farming venture on a partnership theory.

    Whether individuals are parties in a joint venture is a question of fact for determination by the trier of fact exclusively. Lakeport Nat'l Bank v. Loring, 80 N.H. 337, 338, 116 A. 638, 639 (1922). Parties in a joint venture stand in the same relationship to each other as do partners in a partnership.