Fay v. Slaughter
Illinois Supreme Court
Writ of Error to the Branch Appellate Court for the First District; — heard in that court on appeal from the Superior Court of Cook county; the Hon. Farlin Q. Ball, Judge, presiding. This action was assumpsit by the defendants in error against the plaintiff in error. The declaration consisted only of the common counts. The only one relied upon was that for money had and received, and the only plea was the general issue.
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Writ of Error to the Branch Appellate Court for the First District; — heard in that court on appeal from the Superior Court of Cook county; the Hon. Farlin Q. Ball, Judge, presiding. This action was assumpsit by the defendants in error against the plaintiff in error. The declaration consisted only of the common counts. The only one relied upon was that for money had and received, and the only plea was the general issue. At the close of the evidence the court gave a peremptory instruction directing a verdict for defendants in error for §28,912.08. A judgment upon this verdict was affirmed by…
1Opinion of the CourtJustice Ricks
This is an action upon the common counts for money had and received. It is in the nature of an equitable proceeding at law. “The principle governing in such case is, that the possession of money has been obtained which cannot conscientiously be withheld. Such an action is designed for the advancement of justice, and it is applicable where a person receives money which in equity and good conscience he ought to refund.- The defense to the claim, as well as the claim itself, is governed by the same principles. In speaking of this action, Lord Mansfield, in Moses v. McFarland, 2 Burr. 1010, said:…
2Cases cited13 opinions
- Reese v. MedlockTexas Supreme Court · 1863
- Thacher v. PrayMassachusetts Supreme Judicial Court · 1873
- Henry v. HeebIndiana Supreme Court · 1888
- First National Bank of Las Vegas v. OberneIllinois Supreme Court · 1886
- Hindmarch v. HoffmanSupreme Court of Pennsylvania · 1889
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3Cited by16 opinions
- Duffy v. ScottWisconsin Supreme Court · 1940
- Midland Savings & Loan Co. v. Tradesmen's Nat. Bank of Oklahoma CityCourt of Appeals for the Tenth Circuit · 1932
- Credit Alliance Corp. v. Sheridan Theatre Co.New York Court of Appeals · 1925
- Groover v. Savannah Bank & Trust Co.Court of Appeals of Georgia · 1939
- Claire B. Morse v. United StatesCourt of Appeals for the Ninth Circuit · 1959
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