Parmelee v. Rogers

Illinois Supreme Court

Parmelee v. Rogers

26 Ill. 56

DecidedApril 15, 1861

StatusPublished

This text of 26 Ill. 56 (Parmelee v. Rogers) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Parmelee v. Rogers, 26 Ill. 56 (Ill. 1861).

Pincite

Opinion

Breese, J.

We do not think any of the points made by the plaintiff in error available, or sufficient to reverse this judgment.

The case is a very plain one. The action of assumpsit for money had and received is given, expressly, by statute. (Scates’ Comp. 294.)

The proof shows the race was not run, and before the time appointed for the race, Rogers demanded his deposit, which Parmelee promised to pay when the bank should open the next day, but afterwards, without any cause, refused to pay.

The judgment is affirmed.

Judgment affirmed.

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Breese, J.

We do not think any of the points made by the plaintiff in error available, or sufficient to reverse this judgment.

The case is a very plain one. The action of assumpsit for money had and received is given, expressly, by statute. (Scates’ Comp. 294.)

The proof shows the race was not run, and before the time appointed for the race, Rogers demanded his deposit, which Parmelee promised to pay when the bank should open the next day, but afterwards, without any cause, refused to pay.

The judgment is affirmed.

Judgment affirmed.

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Bluebook (online)

26 Ill. 56, Counsel Stack Legal Research, https://law.counselstack.com/opinion/parmelee-v-rogers-ill-1861.