Also known as:money · moneys · funds · public moneys
Written by attorneys · grounded in primary & secondary sources — see below
Sums of money or funds held, due, or transferred under legal obligations or transactions. The term emphasizes discrete amounts arising from contracts, fiduciary duties, judgments, or statutory powers rather than currency in the abstract.
Sources & Authorities
How it applies
Common Examples
6
Buyer Bears Loss After Fire
Mason McCarthy contracted to buy land from Michael Miller. Before closing a fire destroyed the house. Equity treated Miller as owner of the purchase monies and McCarthy as owner of the land, so McCarthy remained obligated to pay the full price despite the loss.
Congress Borrows to Fund Defense
Congress enacted a statute authorizing the Treasury to borrow monies on the credit of the United States to pay for national defense projects. The borrowing power under Article I Section 8 supplied the necessary funds without immediate taxation.
Lawyer Deposits Client Funds
Attorney Megan Moore received settlement monies belonging to client Melissa Mills. Moore deposited the funds into a separate client trust account maintained in the state where her office was located, keeping them apart from her own property as required.
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Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Common Law
Court Awards Contract Damages
Monica Morgan sued Monarch Pharmaceuticals for breach of a supply contract. The court entered judgment awarding Morgan the sum of money due under the contract plus consequential damages, measured by the difference between the contract price and cover costs.
Will Pours Monies into Trust
Mariam Mansour's will contained a pour-over clause directing that all monies remaining in her estate be added to an inter vivos trust she had created during life. The devise funded the previously unfunded trust according to its existing terms.
Commingling Supports Veil Piercing
Midwest Airlines' sole shareholder commingled corporate monies with personal funds and failed to observe corporate formalities. A creditor proved unity of interest and that adherence to the corporate fiction would sanction injustice, allowing the court to pierce the veil.
Common questions
Frequently Asked
3
When does risk of loss pass to the buyer of land under equitable conversion?+
Once a binding contract forms, equity treats the buyer as owner of the land and the seller as owner of the purchase monies. In most jurisdictions the risk of loss therefore passes to the buyer at contract formation, requiring the buyer to pay the full price even if the property is later destroyed.
What must a lawyer do with client funds received during representation?+
A lawyer must hold client monies separate from the lawyer's own property in a separate trust account maintained in the state where the office is located. The lawyer must promptly notify the client, deliver funds the client is entitled to receive, and keep complete records for five years.
What remedies does a court use to protect a party's expectation or restitution interest?+
A court may award a sum of money due under the contract or as damages. It may also order specific performance, enjoin non-performance, or require restoration of a specific thing to prevent unjust enrichment.
376 U.S. 254 (1964)Remedies
…purported to illustrate the "wave of terror" by describing certain alleged events. The text concluded with an appeal for funds for three purposes: support of the student movement, "the struggle for the right-to-vote," and the legal defense of Dr. Martin Luther King, Jr., leader of the movement, against a perjury…