Belden v. Perkins
Illinois Supreme Court
Appeal from the Circuit Court of Warren county; the Hon. Arthur A. Smith, Judge, presiding. This was an action of assumpsit, for money had' and received, brought by Samuel D. Perkins, against Marcus Belden, in the circuit court of Warren county.
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Appeal from the Circuit Court of Warren county; the Hon. Arthur A. Smith, Judge, presiding. This was an action of assumpsit, for money had' and received, brought by Samuel D. Perkins, against Marcus Belden, in the circuit court of Warren county. The plaintiff, being indebted to the estate of A. G. Kirkpatrick, sometime in the winter of 1872-3, delivered a lot of corn to the administrator of the estate, the proceeds of which, when sold, were to be applied to the payment of plaintiff’s indebtedness; the plaintiff claiming that he, and not the administrator, had the right to sell the corn. The…
1Opinion of the CourtJustice Craig
This was an action of assumpsit, brought by Samuel D. Perkins, in the circuit court of Warren county, against Marcus Belden, to recover the value of a certain quantity of corn.
A trial of the cause was had before a jury, which resulted in a verdict and judgment in favor of the plaintiff for the sum of $945, to reverse which, the defendant brings the record here by appeal.
The declaration contains only the common counts, to which the defendant pleaded the general issue and payment.
This being an action to recover for money had and received, it must be governed by the rules that apply to actions…
2Cases cited3 opinions
- Stearns v. MarshNew York Supreme Court · 1847
- Ward v. FellersMichigan Supreme Court · 1854
- Taylor v. TaylorIllinois Supreme Court · 1858
3Cited by23 opinions
- Donovan v. PurtellIllinois Supreme Court · 1905
- Brittan v. Oakland Bank of SavingsCalifornia Supreme Court · 1899
- Lovejoy v. Merchants' State BankNorth Dakota Supreme Court · 1896
- Williams v. AsheCalifornia Supreme Court · 1896
- First National Bank v. GattonIllinois Supreme Court · 1898
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