Staat v. Evans
Illinois Supreme Court
Writ of Eeeob to the Circuit Court of Warren county; the Hon. Ohables B. Lawrence, Judge, presiding. This was an action of assumpsit brought in the court below, by James V. Evans against Francis Staat.
Read the full summary
Writ of Eeeob to the Circuit Court of Warren county; the Hon. Ohables B. Lawrence, Judge, presiding. This was an action of assumpsit brought in the court below, by James V. Evans against Francis Staat. The declaration contained a special count, in which it was alleged, that on the 10th January, 1859, the plaintiff let the defendant have thirteen steers, to he kept fed, and fattened by defendant until the 16th day of March, 1859, which were then to he redelivered to plaintiff, and defendant was to receive cents per pound for all said steers should weigh at the time of redelivering the same to…
1Opinion of the CourtChief Justice Waikeb
The declaration in this case contained the usual money counts and a count for goods, wares and merchandise, in addition to the special count. The evidence shows that plaintiff in error had converted the cattle into money. The rule is firmly established, that, if one person converts the property of another into money or money’s worth, the owner may waive the trespass, and recover for money had and received to his use. Even if there was a variance between the evidence and the special count, no reason is perceived why a recovery may not be had under the count for money had and received. The…
2Cited by2 opinions
- Farson v. HutchinsAppellate Court of Illinois · 1896
- McIntyre v. ThompsonAppellate Court of Illinois · 1884