First National Bank v. Gatton
Illinois Supreme Court
Appeal, from the Appellate Court for the Third District;—heard in that court on appeal from the Circuit Court of Sangamon county; the Hon. James A. Creighton, 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 Sangamon county; the Hon. James A. Creighton, Judge, presiding. This was an action of assumpsit, brought to the January term, 1897, of the circuit court of Sangamon county, by Georgetta E. Gatton, the appellee, against-the First National Bank of Springfield, Illinois, the appellant, to recover the sum of §862.28, proceeds of the sale of a carload of cattle shipped by J. N. Gatton, as the agent of his wife, to the Stockmen’s Live Stock Company of Chicago, and which money the…
1Opinion of the CourtJustice Craig
It is insisted on the part of appellant that assumpsit for money had and received will not lie in this case under the facts shown in the record, because there was no privity between Georgetta E. Gatton, the appellee, and the First National Bank of Springfield, Illinois, the appellant. The action of assumpsit was said by Lord Mansfield, in the case of Moses v. McFarland, 2 Burrow, 1012, to be an equitable action, in which the plaintiff could recover from the defendant so much money as he could show the defendant, ex cequo et dono, ought not to retain. This doctrine was recognized by this court…
2Cases cited5 opinions
- Belden v. PerkinsIllinois Supreme Court · 1875
- Allen v. StengerIllinois Supreme Court · 1874
- Taylor v. TaylorIllinois Supreme Court · 1858
- Barnes v. JohnsonIllinois Supreme Court · 1876
- Brownell v. DixonIllinois Supreme Court · 1865
3Cited by15 opinions
- Donovan v. PurtellIllinois Supreme Court · 1905
- Cole v. WagnerSupreme Court of North Carolina · 1929
- Cole v. . WagnerSupreme Court of North Carolina · 1929
- American Hominy Co. v. Millikin Nat. BankDistrict Court, S.D. Illinois · 1920
- City of Chicago v. Pittsburg, Cincinnati, Chicago & St. Louis RailroadAppellate Court of Illinois · 1909
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