Van Arman v. Byington
Illinois Supreme Court
Writ of Error to the Superior Court of Chicago. This was an action of assumpsit instituted in the court below by Joel S. Byington and Joseph Bromwell against John Van Arman, for money had and received by the defendant for the use of the plaintiffs.
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Writ of Error to the Superior Court of Chicago. This was an action of assumpsit instituted in the court below by Joel S. Byington and Joseph Bromwell against John Van Arman, for money had and received by the defendant for the use of the plaintiffs. It seems the plaintiffs had employed the defendant as an attorney at law to defend a suit, in the final settlement of which, Van Arman, the defendant, received some $27,000, money of the plaintiffs, all of which he paid over to them except the sum of $5,000, which he retained for his services. The plaintiffs brought this action to recover so much…
1Opinion of the CourtChief Justice Walker
This was an action of assumpsit for money had and received to the use of plaintiffs. The evidence shows, that defendants in error employed plaintiff in error as an attorney to defend a libel suit, commenced against their boat and a cargo of cotton, seized by the officers of the General Government on a charge of violating the trade regulations. Plaintiff in error succeeded in getting the suit dismissed and the boat restored, and the money for which the cotton had been sold was paid to plaintiff in error, and he afterwards paid to defendants in error all but five thousand dollars, which he held…
2Cited by5 opinions
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