First National Bank of Madison v. Hart

Citations

• 55 Ill. 62

Syllabus

<p>1. Pleading—recovery under a general indebitatus count, or whether the plaintiff must declare specially. Where an agreement has been completely performed by' the party who was to render services thereunder, and there is nothing special in the contract in relation to the time or manner of payment, or the credit, if any, has expired, then there is a duty upon the other party to pay the stipulated price, to recover which the party entitled is not required to declare specially, but a general indebitatus assumpsit will lie.</p> <p>3. Same—to recover a reward. So where a certain sum was offered as a reward for the discovery, arrest and conviction of a forger, and the recovery of the money obtained by him, and a person performed such services as led to that result, and entitled him to the reward, it was held, he could recover the same under a general indebitatus count.</p> <p>3. Reward—who may recover the same. A bank having paid out a large sum of money upon forged drafts, offered a reward, through the medium of a circular addressed “ to airy bank officer or police detective,” for the detection and conviction of the forger and the recovery of the money. A person who was neither a “ bank officer ” nor a “ police detective,” believing he had discovered the criminal, communicated his suspicions to an officer of the bank, by letter, saying, if the person turned out to be the guilty party he should claim the reward. The bank officer responded, enclosed one of the circulars offering the reward, advised his informant “ to keep quiet, but a close watch,” and that he would send a detective to him. The detective was sent, and the bank officer also went, and both communicated personally with their informant, and, through information derived from him, the suspected person was arrested and convicted, and most of the money recovered: Held,, the person thus instrumental in accomplishing the purpose for which the reward was offered, his services being accepted and availed of by those