Allen v. Stenger

Citations

• 74 Ill. 119

Syllabus

<p>1. Assumpsit — when it lies for money had and received. An action for money had and received will lie whenever a defendant has received money which in justice belongs to the plaintiff, and which he should, in justice and right, return to the plaintiff.</p> <p>2. Where the mortgagor in a chattel mortgage sells the mortgaged property on a credit, the proceeds of which sale are to belong to the mortgagee when collected, and after the death of the mortgagor, his administrator collects the purchase money and deposits it with one who is at the time apprised of these facts, an action for money had and received will lie at the suit of the mortgagee against the party so receiving the money on deposit.</p>