Wilson v. Turner
Illinois Supreme Court
Appeal from the Appellate Court for the Third District;—heard in that court on appeal from the Circuit Court of Adams county; the Hon. Oscar P. Bonney, Judge, presiding.
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Appeal from the Appellate Court for the Third District;—heard in that court on appeal from the Circuit Court of Adams county; the Hon. Oscar P. Bonney, Judge, presiding. Henry Kent died testate in Adams county on the 13th of August, 1878. The provisions of his will material to be considered in theadisposition of this case are as follows: “Fourth—After the payment of my said debts and funeral expenses I give, devise and bequeath unto my wife, Nancy C. Kent, one-half of all the personal property, money and effects, not hereinbefore otherwise disposed of, which I may own or have a right to at…
1Opinion of the CourtJustice Craig
An action for money had and received will lie whenever one person has received money which, in justice, belongs to another, and which, in justice and right, should be returned. In Allen v. Stenger, 74 Ill. 119, in discussing this question, the court said (p. 121): “Assumpsit always lies to recover money due on simple contract. And this kind of equitable action to recover back money which ought not, in justice, to be kept, is very beneficial, and therefore much encouraged. It lies only for money which, ex equo et bono, the defendant ought to refund. (Chitty on Contracts, 474.) When, therefore,…
2Cases cited15 opinions
- Van Horne v. . CampbellNew York Court of Appeals · 1885
- Steib v. WhiteheadIllinois Supreme Court · 1884
- Glover v. CondellIllinois Supreme Court · 1896
- Jackson v. RobinsNew York Supreme Court · 1819
- Welsch v. Belleville Savings BankIllinois Supreme Court · 1879
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3Cited by33 opinions
- Board of Highway Commissioners v. City of BloomingtonIllinois Supreme Court · 1911
- Philpott v. Superior CourtCalifornia Supreme Court · 1934
- Donovan v. PurtellIllinois Supreme Court · 1905
- Fell v. McCreadyAppellate Division of the Supreme Court of the State of New York · 1932
- Cohon v. Oscar L. Paris Co.Appellate Court of Illinois · 1958
28 more not listed; retrieve them via the Exa API.