Metcalf v. Fouts
Illinois Supreme Court
This was an action of assumpsit, brought by Andrew B. Fonts against John A. Metcalf. The declaration contains only the common counts. The one relied on in the trial below, was the count for money had and received. To the declaration the defendant pleaded the general issue.
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This was an action of assumpsit, brought by Andrew B. Fonts against John A. Metcalf. The declaration contains only the common counts. The one relied on in the trial below, was the count for money had and received. To the declaration the defendant pleaded the general issue. A jury was waived, and the cause tried by the court, who rendered judgment in favor of the plaintiff for the sum of $321.35, from which the defendant below prayed an appeal to this court, which was granted. On the trial of the cause, the plaintiff below introduced as a witness John J. Fouts, who testified that he was clerk…
1Opinion of the CourtWalker, J.
This cause was tried, in the court below, without the intervention of a jury, by consent of the parties. It is assigned for error, that the court below, excluded evidence of the expenses of collecting the money sued for, and that the finding is against the evidence.
It appears from the evidence contained in the record, that the parties had been jointly engaged in the purchase and sale of horses and mules. That on a settlement of their firm business, there remained to be collected a note, on parties in Iowa, for the sum of $630; also an account against some person in Cincinnati, for feeding…
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