Phillips v. Moir
Illinois Supreme Court
Appeal from the Circuit Court of Cook county; the Hon. Hekry Booth, Judge, presiding. This was an action of indebitatus assumpsit, brought by Robert Moir & Co., the appellees, in the circuit court of Cook county, against Phillips & Carmichael, the appellants, to recover for money had and received from one Shufeldt, for 100 barrels of high wines sold to the latter, and claimed to have belonged to appellees.
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Appeal from the Circuit Court of Cook county; the Hon. Hekry Booth, Judge, presiding. This was an action of indebitatus assumpsit, brought by Robert Moir & Co., the appellees, in the circuit court of Cook county, against Phillips & Carmichael, the appellants, to recover for money had and received from one Shufeldt, for 100 barrels of high wines sold to the latter, and claimed to have belonged to appellees. The court below, a jury being waived, found for the plaintiffs, and rendered a judgment against the defendants for $7256, from which the defendants appealed. The errors assigned question…
1Opinion of the CourtJustice Sheldon
The money sued for in this case was not that of the plaintiffs, but belonged to the National Bank of Commerce, as has been established by legal adjudication, made under such circumstances as to be binding upon the plaintiffs. The only ground of action which can be claimed against the defendants is, for the negligent delivery of the highwines to Ames, without collecting the price. And it is objected, that there can be no recovery for such a cause of action under a declaration in assumpsit containing the common counts only, as in this case, but that there must be a special count thereon.…
2Cited by4 opinions
- Union Stock Yard & Transit Co. v. Mallory, Son & Zimmerman Co.Illinois Supreme Court · 1895
- Moore v. RichardsonAppellate Court of Illinois · 1902
- Darlington v. FredenhagenAppellate Court of Illinois · 1886
- Stewart v. ButtsAppellate Court of Illinois · 1892