{
  "id": 2827557,
  "name": "William Buhs, Plaintiff in Error, v. William B. Austin, Defendant in Error",
  "name_abbreviation": "Buhs v. Austin",
  "decision_date": "1913-10-15",
  "docket_number": "Gen. No. 18,273",
  "first_page": "455",
  "last_page": "456",
  "citations": [
    {
      "type": "official",
      "cite": "182 Ill. App. 455"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 142,
    "char_count": 1580,
    "ocr_confidence": 0.519,
    "sha256": "e0cf275630045e5bf8a7f19e7cb93b422de6053870c7521765a4162417919bb4",
    "simhash": "1:5965bc05508ba07c",
    "word_count": 266
  },
  "last_updated": "2023-07-14T17:04:20.195306+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "William Buhs, Plaintiff in Error, v. William B. Austin, Defendant in Error."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Baume\ndelivered the opinion of the court.",
        "type": "majority",
        "author": "Mr. Justice Baume"
      }
    ],
    "attorneys": [
      "Rathje & Wesemann, for plaintiff in error.",
      "John A. Swanson and Aaron Heims, for defendant in error."
    ],
    "corrections": "",
    "head_matter": "William Buhs, Plaintiff in Error, v. William B. Austin, Defendant in Error.\nGen. No. 18,273.\n(Not to he reported in full.)\nError to the Municipal Court of Chicago; the Hon. Jacob H. Hopkins, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1912.\nAffirmed.\nOpinion filed October 15, 1913.\nStatement of the Case.\nAction by William Buhs against William B. Austin to recover certain rents collected by the latter. From a judgment for defendant, plaintiff brings error.\nAbstract of the Decision.\n1. Mortgages, \u00a7 738 \u2014when owner of equity of redemption is entitled to rent. While an owner of an equity of redemption is entitled to the rents and profits accruing from the premises during the redemption period, such rents cannot be recovered by him from an assignee, when applied to the payment of expenses incurred in the management of the premises, as authorized by the instrument assigning the rent.\n2. Assumpsit, action of, \u00a7 1*\u2014what is nature of action of assumpsit. The action of assumpsit for money had and received is equitable in its nature and lies to recover money which in equity and good conscience the defendant ought to refund. Such a recovery would not be equitable where a defendant assignee of rents has expended the money collected for necessary repairs to permit a plaintiff to realize a profit upon his property.\nRathje & Wesemann, for plaintiff in error.\nJohn A. Swanson and Aaron Heims, for defendant in error.\nSee Illinois Notes Digest, Vols. XI to XIV, same topic and section number."
  },
  "file_name": "0455-01",
  "first_page_order": 479,
  "last_page_order": 480
}