West Frankfort Bank & Trust Co. v. Barretti

Appellate Court of Illinois

West Frankfort Bank & Trust Co. v. Barretti

206 Ill. App. 261, 1917 Ill. App. LEXIS 65

CourtAppellate Court of Illinois

DecidedApril 13, 1917

StatusPublished

Cited by3 cases

This text of 206 Ill. App. 261 (West Frankfort Bank & Trust Co. v. Barretti) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

West Frankfort Bank & Trust Co. v. Barretti, 206 Ill. App. 261, 1917 Ill. App. LEXIS 65 (Ill. Ct. App. 1917).

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Opinion

Mr. Justice Boggs

delivered the opinion of the court.

3. Assumpsit, Action op, § 44*—when for money had and received lies. Assumpsit for money had and received may be maintained whenever the defendant has obtained money belonging to the plaintiff which in equity and good conscience he has no right to retain, as in such case the law implies a promise to pay. 4. Banks and banking, § 119*—when deposit slip is admissible in action by bank to recover money erroneously credited in pass book. In an action by a bank to recover money credited by mistake to a depositor in his pass book instead of entering such deposit in the book of the depositor who made the deposit, held that the deposit slip showing a deposit by such other depositor was properly admitted in evidence, it being a part of the. res gestw.

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Mr. Justice Boggs

delivered the opinion of the court.

3. Assumpsit, Action op, § 44*—when for money had and received lies. Assumpsit for money had and received may be maintained whenever the defendant has obtained money belonging to the plaintiff which in equity and good conscience he has no right to retain, as in such case the law implies a promise to pay. 4. Banks and banking, § 119*—when deposit slip is admissible in action by bank to recover money erroneously credited in pass book. In an action by a bank to recover money credited by mistake to a depositor in his pass book instead of entering such deposit in the book of the depositor who made the deposit, held that the deposit slip showing a deposit by such other depositor was properly admitted in evidence, it being a part of the. res gestw.

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206 Ill. App. 261, 1917 Ill. App. LEXIS 65, Counsel Stack Legal Research, https://law.counselstack.com/opinion/west-frankfort-bank-trust-co-v-barretti-illappct-1917.

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