Cited by
Opinions in Minnesota that cite Brand v. Williams, 13 N.W. 42.
- Rum River Timber Harvesting, Inc. v. Greg Jeddeloh Minn. Ct. App. 2025
-
Rum River Timber Harvesting, Inc. v. Greg Jeddeloh
Minn. Ct. App. 2025
(recognizing that unjust enrichment developed from a common-law cause of action called “money had and received,” which “could ‘be maintained whenever one [person] has received or obtained the [] money of another, which [they] ought in equity and good conscience to pay over.’” (quoting Brand & )).
- Moline Machinery, LLC, et al., Appellants, vs. City of Duluth, Respondent Minn. Ct. App. 2025
-
Moline Machinery, LLC, et al., Appellants, vs. City of Duluth, Respondent
Minn. Ct. App. 2025
)); Brand & (explaining that “[a]n action for money had and received”—the common-law antecedent to unjust enrichment— “can be maintained whenever one man has received or obtained the possession of the money of another, which he ought in equity and good conscience to pay over” (emphasis added)); 66 Am.
- David Carl Hepfl v. Jodine Patrice Meadowcroft 9 N.W.3d 567 Minn. 2024
-
David Carl Hepfl v. Jodine Patrice Meadowcroft
9 N.W.3d 567
Minn. 2024
ble”); see also Herlache, d at 450 (recognizing that unjust enrichment developed from a common law cause of action called “money had and received,” which “could ‘be maintained whenever one [person] has received or obtained the possession of the money of another, which [they] ought in equity and good conscience to pay over.’ ” (alteration in original) (quoting Brand & )).
-
Paul Herlache,
Minn. 2023
We recognized the “money had and received” cause of action soon after statehood and explained that the action could 10 “be maintained whenever one [person] has received or obtained the possession of the money of another, which [they] ought in equity and good conscience to pay over.” Brand &
- Caldas v. Affordable Granite & Stone, Inc. 820 N.W.2d 826 Minn. 2012
- Wenzel v. Mathies 542 N.W.2d 634 Minn. Ct. App. 1996
-
Wenzel v. Mathies
542 N.W.2d 634
Minn. Ct. App. 1996
See Brand v. Williams, 29 Minn. 238, 239 , 13 N.W.
- First National Bank of St. Paul v. Ramier 311 N.W.2d 502 Minn. 1981
- Klass v. Twin City Federal Savings and Loan Ass'n 190 N.W.2d 493 Minn. 1971
-
Klass v. Twin City Federal Savings and Loan Ass'n
190 N.W.2d 493
Minn. 1971
Very broadly defined, the cause of action was described by Mr. Justice Mitchell in Brand v. Williams, 29 Minn. 238, 239 , , as one which “can be maintained whenever one man has received or obtained the possession of the money of another, which he ought in equity and good conscience to pay over.” To the same effect are Heywood v. Northern Assur.
- Youngstown Mines Corp. v. Prout 124 N.W.2d 328 Minn. 1963
-
Youngstown Mines Corp. v. Prout
124 N.W.2d 328
Minn. 1963
The applicable law was stated by Mr. Justice Mitchell in the early decision of Brand v. Williams, 29 Minn. 238, 239 , , as follows: “An action for money had and received can be maintained whenever one man has received or obtained the possession of the money of *476 another, which he ought in equity and good conscience to pay over.
- Turner v. Valley National Farm Loan Assn. 233 N.W. 856 Minn. 1930
-
Turner v. Valley National Farm Loan Assn.
233 N.W. 856
Minn. 1930
The law in this state was well stated by Mr. Justice Mitchell in Brand v. Williams, 29 Minn. 238, 239 , , thus: “An action for money had and received can be maintained whenever one man has received or obtained the possession of the money of another, which he ought in equity and good conscience to pay over.
- Faltis v. Berkner 193 N.W. 457 Minn. 1923
-
Faltis v. Berkner
193 N.W. 457
Minn. 1923
Brand v. Williams, 29 Minn. 238 , Seastrand v. D. A. Foley & Co. 144 Minn. 239 , .
- Hoven v. Leedham 189 N.W. 601 Minn. 1922
-
Hoven v. Leedham
189 N.W. 601
Minn. 1922
Brand v. Williams, 29 Minn. 238 , Todd v. Bettingen, 109 Minn. 493 , ; Heywood v. Northern Assur.
- Seastrand v. D. A. Foley & Co. 175 N.W. 117 Minn. 1919
-
Seastrand v. D. A. Foley & Co.
175 N.W. 117
Minn. 1919
Brand v. Williams, 29 Minn. 238 , ; Todd v. Bettingen, 109 Minn. 493 , ; Heywood v. Northern Assurance Co. 133 Minn. 360 , , Ann. Cas.
- Grand Lodge v. Towne 161 N.W. 403 Minn. 1917
-
Grand Lodge v. Towne
161 N.W. 403
Minn. 1917
Probably there is no better statement of the rule than that of Mr. Justice Mitchell in Brand v. Williams, 29 Minn. 238 , , where that great jurist said: “An action for money had and received can be maintained whenever one man has received or obtained the possession of the money of another, which he ought in equity and good conscience to pay over.
- Heywood v. Northern Assurance Co. 158 N.W. 632 Minn. 1916
-
Heywood v. Northern Assurance Co.
158 N.W. 632
Minn. 1916
Brand v. Williams, 29 Minn. 238 , , Sibley v. County of Pine, 31 Minn. 201 , .
- Ripa v. Hogan 150 N.W. 167 Minn. 1914
-
Ripa v. Hogan
150 N.W. 167
Minn. 1914
Brand v. Williams, 29 Minn. 238 , .
- Olson v. Northern Pacific Railway Co. 148 N.W. 67 Minn. 1914
-
Olson v. Northern Pacific Railway Co.
148 N.W. 67
Minn. 1914
Brand v. Williams, 29 Minn. 238 , ; Todd v. Bettingen, 109 Minn. 493 , .
- Fink v. Weinholzer 123 N.W. 931 Minn. 1909
-
Fink v. Weinholzer
123 N.W. 931
Minn. 1909
Brand v. Williams, 29 Minn. 238 , .
- Stoakes v. Larson 121 N.W. 1112 Minn. 1909
-
Stoakes v. Larson
121 N.W. 1112
Minn. 1909
Brand v. Williams, 29 Minn. 238 , , may be successfully distinguished, with respect to specific facts, from the case at bar.
- Merriam v. Johnson 90 N.W. 116 Minn. 1902
-
Merriam v. Johnson
90 N.W. 116
Minn. 1902
The case comes within the elementary rule stated in Brand v. Williams, 29 Minn. 238 , : “An action for money had and received can be maintained whenever one man has received or obtained the possession of the money of another which he ought, in equity and good conscience, to pay over.” This may not have been appellant’s exclusive remedy, but the facts pleaded present an action at law.
- Milton v. Johnson 81 N.W. 842 Minn. 1900
-
Milton v. Johnson
81 N.W. 842
Minn. 1900
Brand v. Williams, 29 Minn. 238 , .
- Valentine v. City of St. Paul 26 N.W. 457 Minn. 1886
-
Valentine v. City of St. Paul
26 N.W. 457
Minn. 1886
Brand v. Williams, 29 Minn. 238 ; Borough of Henderson v. County of Sibley, 28 Minn. 515 ; Sibley v. County of Pine, 31 Minn. 201 ; Bradford v. City of Chicago, 25 Ill.
- Sibley v. County of Pine 17 N.W. 337 Minn. 1883
-
Sibley v. County of Pine
17 N.W. 337
Minn. 1883
Brand v. Williams, 29 Minn. 238 .