Stipp v. Johnston

Citations

• 68 Ill. 176

Syllabus

<p>Money had and beceived—to recover tack over-payment. Where a plaintiff had assumed the payment of anote of a third person upon which there had been various previous payments, and paid the holder more than was due, the note not being present, upon his agreeing to refund in case the payment exceeded the sum due: Held, that the plaintiff was entitled to recover, under the common counts in assumpsit, the excess paid above the amount due</p>