Lamson v. Boyden
Appellate Court of Illinois
Memorandum.— Assumpsit. In the Superior Court of Cook County; the Hon. George W. Blanks, Judge, presiding. Declaration, common counts; plea of the general issue; trial by the court; judgment for defendant; appeal by plaintiff. Heard in this court at the October term, 1894, and affirmed. Statement of the Case. This is an action of assumpsit. The declaration contains only the common counts for money had and received.
Read the full summary
Memorandum.— Assumpsit. In the Superior Court of Cook County; the Hon. George W. Blanks, Judge, presiding. Declaration, common counts; plea of the general issue; trial by the court; judgment for defendant; appeal by plaintiff. Heard in this court at the October term, 1894, and affirmed. Statement of the Case. This is an action of assumpsit. The declaration contains only the common counts for money had and received. The case was submitted to the court for trial, without a jury, and upon the plaintiffs’ evidence alone. The defendants offered no proof. The court below found the issues for the…
1Opinion of the Court
Mb. Presiding Justice Waterman
delivered the opinion of the Court.
It is urged by appellants that the money received from them by appellees was paid under duress, and it is on account of such alleged duress that appellants seek to recover the amount by them paid.
We do not think that the payments were in either case made under any such duress as the laiv takes note of. Appellees had not in their possession any property of appellants, nor were the persons of either of the latter in jeopardy or restraint.
In every respect appellants were in as untroubled control of their persons and property as…
2Cases cited12 opinions
- Hackley v. HeadleyMichigan Supreme Court · 1881
- Westlake & Button v. City of St. LouisSupreme Court of Missouri · 1882
- Murphy v. CreightonSupreme Court of Iowa · 1876
- De Graff v. County of RamseySupreme Court of Minnesota · 1891
- Town of Brazil v. KressIndiana Supreme Court · 1876
7 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Barrows v. Mutual Reserve Life Ins.Court of Appeals for the Seventh Circuit · 1907
- Siegel, Cooper & Co. v. SchueckAppellate Court of Illinois · 1896