Whitton v. Barringer

Decided January 15, 1873

Illinois Supreme Court · decided 1873-01-15

Writ op Error to the Circuit Court of Montgomery county; the Hon. Horatio M. Yandeveer, Judge, presiding. This was an action of assumpsit, by John H. Barringer against Easton Whitton, declaring for money had and received by defendant to the plaintiff’s use. It appeared one Brown, as principal, and Cundiflf, as surety, executed their note to the plaintiff for $140, bearing ten per cent interest.

Good law ✅— No negative treatment on recordhow we know

Decided 1873-01-15

How this case has been cited

Cited by 5 later decisions — most recently May 1958

5 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Per Curiam :

¶1It is incontestable, that the money received from Brown by the appellant, belonged, in justice, equity and of right, to appellee, and it., should have been paid to him on demand made for that purpose by him. Appellant got possession of the money on the pretense that his intestate was liable for it, and the note had been proved up against the estate. The estate had not paid the note. Brown was liable for it as principal, and to satisfy it, he paid the money to appellant, who now refuses to apply it to the note. In this he has no lawful justification.

¶2The money, ex equo 'et bono, belongs to the appellee, and the judgment must be affirmed.

¶3Judgment affirmed.