Lunt v. Wrenn

Citations

• 113 Ill. 168
• 1885 Ill. LEXIS 681

Syllabus

<p>1. Limitation—action for recovery of money paid on a consideration which fails entirely. In 1868, bankers in Nebraska ordered from the plaintiffs’ private bankers in this State, twelve pieces of land scrip for location on public lands of the United States, when plaintiffs applied to and bought of defendants, also private bankers, the desired amount of scrip, which was located. After such locations, and when the scrip was forwarded to the general land office, six pieces of the scrip were declared counterfeit and worthless, and the land officers refused to issue patents for the lands upon which they had been located, and vacated the locations. In May, 1875, the bankers first named sued the plaintiffs, and recovered judgment for the sum paid for the worthless scrip, and interest. The plaintiff immediately, upon being sued, notified the defendants of that fact, and asked them to defend the suit, which they failed to do. In 1878, the plaintiffs sued the defendants to recover the sum they had been compelled to pay, in defence of which action the Statute of Limitations was pleaded. It was stipulated that plaintiffs had notice that such scrip was counterfeit and worthless, prior to January 8, 1872: Held, that the action was barred by the statute, whether the action was to recover for a breach of the implied warranty of title, or for a total failure of the consideration of the payment.</p> <p>2. Measure op damages—suit by buyer against seller, for failure of title. Where the seller of public land scrip has knowledge that the same has proved counterfeit and worthless, he will not be justified in defending a suit against him, by one to whom he sold, and failing to pay until a judgment is rendered against him; and if he does, he can not recover the costs thereby occasioned, of his vendor, in an action against him. Costs unnecessarily made by a purchaser in defending the title of the property purchased, are not chargeable against his vendor.</p> <p>3. Action—to recover for mo