Wells v. Village of Wilmette
Appellate Court of Illinois
Appeal from the Circuit Court of Cook county; the Hon. Richard S. Tuthill, Judge, presiding.
1Opinion of the CourtJustice Gridley
Counsel for the respective parties agree that the action of assumpsit for money had and received is an equitable action and lies to recover moneys to which a plaintiff is equitably entitled; that a special assessment when collectéd is a trust fund; that a municipality is a mere instrumentality for the collection of such assessment and its proper distribution among the parties equitably entitled thereto; and that "a municipality incurs no general liability except where it unlawfully withholds moneys actually collected and equitably due the contractor, bondholder or property owner. Counsel for…
2Cases cited9 opinions
- Conway v. City of ChicagoIllinois Supreme Court · 1908
- Hewitt v. HayesMassachusetts Supreme Judicial Court · 1910
- National Bank of LaCrosse v. PettersonIllinois Supreme Court · 1902
- Northern Trust Co. v. Village of WilmetteIllinois Supreme Court · 1906
- Donahue v. Village of LaGrangeIllinois Supreme Court · 1914
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Rohwer v. GibsonCalifornia Court of Appeal · 1932
- Fidelity Trust Co. v. Village of StickneyCourt of Appeals for the Seventh Circuit · 1942
- River Farms Co. v. California GibsonCalifornia Court of Appeal · 1935
- Pontarelli v. CommissionerUnited States Board of Tax Appeals · 1937
- Rothschild v. Village of Calumet ParkAppellate Court of Illinois · 1931
3 more not listed; retrieve them via the Exa API.