Legal Opinion

Flower v. Beveridge

Appellate Court of Illinois

Decided April 22, 1895PublishedCited by 2 opinions

Assumpsit, for the recovery of money paid by mistake. Appeal from the Circuit Court of Cook County; the Hon. Frank Baker, Judge, presiding. Declaration, special and common counts; pleas, general issue and statute of limitations; trial by the court; finding and judgment for defendant; appeal by plaintiff; submitted at the March term, 1895, of this court.

1Opinion of the Court

Mr. Justioe G-ary

delivered the opinion of the Court.

This suit was commenced March 28, 1892, by the appellants, against the appellees, to recover back sums of money, in the aggregate amounting to $2,490.33, paid by the former to the latter from June 30, 1883, to July 14,1884. The appellees pleaded that the cause of action did not accrue ivithin five years, on which issue was taken.

The facts, as the appellants claim them to be, are that they were the attorneys of the appellees, and as such collected from the assets of the defunct firm of Fay & Conkey the sums sued for, and paid them over to the…

2Cases cited5 opinions

  1. Leather Manufacturers' Bank v. Merchants' BankSupreme Court of the United States · 1888
  2. Hinckley v. Gilman, Clinton, & Springfield RailroadSupreme Court of the United States · 1877
  3. Dent v. FergusonSupreme Court of the United States · 1889
  4. Israel ex rel. Scholl v. ReynoldsIllinois Supreme Court · 1849
  5. Curlee v. ReigerAppellate Court of Illinois · 1892

3Cited by2 opinions

  1. McCaw Manufacturing Co. v. Felder & RountreeSupreme Court of Georgia · 1902
  2. Pennwalt Corp. v. Metropolitan Sanitary District of Greater ChicagoDistrict Court, N.D. Illinois · 1973

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