Stipp v. Johnston
Illinois Supreme Court
Appeal from the Circuit Court of McLean county; the Hon. Thomas F. Tipton, Judge, presiding. This was an action of assumpsit, brought by John Johnston against George W. Stipp, to recover back an alleged over-payment upon a note. The declaration contains the common counts only. The plaintiff recovered the sum claimed by him, and the defendant appealed.
1Opinion of the CourtJustice McAllister
This was assumpsit, brought by Johnston against Stipp,-to recover back the sum of $375 dollars, with interest, which the former claimed he had paid over and above the amount actually due upon a note made by one Shurtleff, which the plaintiff had assumed to pay. There had been various payments made upon the note previously; but at the time plaintiff made the final payment, the note was not present. The amount alleged to be due was stated by Stipp, who, as the testimony tends to show, agreed at the time to refund the surplus, if the amount stated by him proved to be incorrect. The plaintiff…
2Cited by2 opinions
- Ittner v. United StatesUnited States Court of Claims · 1908
- Lewis v. Colquitt CountyCourt of Appeals of Georgia · 1944