Legal Opinion

West Frankfort Bank & Trust Co. v. Barretti

Appellate Court of Illinois

Decided April 13, 1917PublishedCited by 3 opinions

Appeal from the Circuit Court of Franklin county; the Hon. Charles H. Miller, Judge, presiding. Heard in this court at the October term, 1916.

1Opinion of the CourtJustice Boggs

3. Assumpsit, Action op, § 44*—when for money had and received lies. Assumpsit for money had and received may be maintained whenever the defendant has obtained money belonging to the plaintiff which in equity and good conscience he has no right to retain, as in such case the law implies a promise to pay. 4. Banks and banking, § 119*—when deposit slip is admissible in action by bank to recover money erroneously credited in pass book. In an action by a bank to recover money credited by mistake to a depositor in his pass book instead of entering such deposit in the book of the depositor who made…

2Cited by3 opinions

  1. Thresher v. LopezCalifornia Court of Appeal · 1921
  2. Rossia Insurance Co. of America v. StateCourt of Claims of Illinois · 1934
  3. St. Louis Cotton Compress Co. v. StateCourt of Claims of Illinois · 1934

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