Parker v. Fisher, Fuller & Co.

Citations

• 39 Ill. 164

Syllabus

<p>1. General verdict—its effect. A general verdict is an answer to all the counts of a declaration where the general issue was plead to all. Hence, a verdict for one thousand dollars, comprehends the principal sum sued for, and the interest on that sum, if the interest was specially claimed in a separate count.</p> <p>2. In such a case, the legal effect of such a verdict is, that taking into consideration the claims of the plaintiffs, as set forth in all the counts of their declaration, they are entitled, upon the whole, to one thousand dollars and no more; and such a verdict is good though it does not specially dispose of a count for interest.</p> <p>3. Money received by one eor the use oe another and not properly applied—liability therefor. Where a party has received money for a particular purpose, and fails to apply it to that purpose, he is liable in assumpsit for money had and received, to the persons from whom he received it Hence, where P., a warehouseman, had received several packages of money from E., and this money was sent to P. for the use of B., and at the request of B., and P. did not account for a package of one thousand dollars, F. was entitled to a judgment in assumpsit for the sum not accounted for.</p> <p>4. And, in such a case, where the evidence showed that P. was not only a warehouseman but was a purchasing agent for F., he could not withhold the money from the person to whom F. owed it, and thus defeat an action by F., in assumpsit, for money had and received, on the ground that he was a mere gratuitous bailee.</p> <p>5. It is also true that, in such a case, B., to whom the money should have been paid by P., could maintain an action against him for the recovery of it, though a recovery by one would be a bar to an action by the other.</p> <p>6. Instruction—must be based on the evidence. An instruction which does not require the jury to believe “ from the evidence ” the facts assumed in it, is objectionable, even if the law in the instruction i