Rusk v. Newell
Illinois Supreme Court
This was an action of assumpsit, commenced by appellee against appellant, in the Circuit Court of Richland county. The declaration contains one special count, alleging the delivery to the defendant by the plaintiff, of money, to wit, $3,000, of the plaintiff, which the defendant promised to carry and deliver to Anderton Pruitt, to be expended in purchasing hogs for said William Newell, the plaintiff; that the said defendant had not carried or delivered the said sum of money…
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This was an action of assumpsit, commenced by appellee against appellant, in the Circuit Court of Richland county. The declaration contains one special count, alleging the delivery to the defendant by the plaintiff, of money, to wit, $3,000, of the plaintiff, which the defendant promised to carry and deliver to Anderton Pruitt, to be expended in purchasing hogs for said William Newell, the plaintiff; that the said defendant had not carried or delivered the said sum of money to the said Fruitt as in duty bound to do, and refused and still refuses to deliver the same to Pruitt or the plaintiff…
1Opinion of the CourtBreese, J.
The proofs in this cause abundantly show that the defendant below, had received from Pruitt, in payment of Pruitt’s indebtedness to him, one thousand dollars of money belonging to the plaintiff, which he knew belonged to the plaintiff, and which the defendant had conveyed to Pruitt at the request of the plaintiff, for the purchase of hogs. He knew Pruitt was the plaintiff’s agent for such purpose, and well knew that being agent, he had no right to apply the money of his constituent to any other purpose than that for which it was sent to him.
It is .true Pruitt gave him a receipt for the money,…
2Cited by2 opinions
- Neely v. RoodMichigan Supreme Court · 1884
- Ives v. MillsIllinois Supreme Court · 1865