Durant v. Rogers
Illinois Supreme Court
Appeal from the Circuit Court of Cook county; the Hon. Henry Booth, Judge, presiding. This was an action of assumpsit, by Henry J. Rogers against William F. Durant. The opinion of the court presents the necessary leading facts of the case. The plaintiff recovered in the circuit court, and the defendant appealed.
1Opinion of the CourtJustice Scott
This action is in assumpsit, and the declaration contains only the common counts. It is brought to recover money, which appellee alleges he paid out and expended at the request of appellant, for his use and benefit.
Appellee had entered into no legal obligation as the surety of appellant, by which he became bound to pay any money for him. If he can recover at all, it must be because he paid the money at the request of appellant. It is a familiar principle, one party can not voluntarily make himself the creditor of another. Appellee’s right to recover rests upon the fact there was a request to…
2Cases cited7 opinions
- Eddy v. RobertsIllinois Supreme Court · 1856
- Gilbert v. EmmonsIllinois Supreme Court · 1866
- Taylor v. MerrillIllinois Supreme Court · 1870
- Champlin v. ParishNew York Court of Chancery · 1845
- Hite v. WellsIllinois Supreme Court · 1855
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3Cited by12 opinions
- Lusk v. ThroopIllinois Supreme Court · 1901
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- Berkowsky v. ViallAppellate Court of Illinois · 1896
- Eckert v. CollotAppellate Court of Illinois · 1892
- Raphael v. HartmanAppellate Court of Illinois · 1900
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