Maxwell v. Longenecker

Citations

• 82 Ill. 308

Syllabus

<p>1. Monet had and received—when action will lie. Before a defendant can be held liable for money had and received to the plaintiff’s use, it must appear clearly that there is money in defendant’s hands actually belonging to the plaintiff.</p> <p>2. If a debtor places money in the hands of a person for the purpose of being applied to the payment of debts owing by such debtor, without setting apart the money in distinct amounts, for his several creditors, so that he has no further control over it, one of the creditors can not maintain an action against the party so holding the money, for money had and received to the use of such creditor.</p>