{
  "id": 5101399,
  "name": "Lyman E. Crandall v. John Barton Payne",
  "name_abbreviation": "Crandall v. Payne",
  "decision_date": "1894-03-29",
  "docket_number": "",
  "first_page": "644",
  "last_page": "645",
  "citations": [
    {
      "type": "official",
      "cite": "54 Ill. App. 644"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "48 Ill. 449",
      "category": "reporters:state",
      "reporter": "Ill.",
      "case_ids": [
        5229656
      ],
      "opinion_index": -1,
      "case_paths": [
        "/ill/48/0449-01"
      ]
    },
    {
      "cite": "20 Ill. 650",
      "category": "reporters:state",
      "reporter": "Ill.",
      "case_ids": [
        2597264
      ],
      "opinion_index": -1,
      "case_paths": [
        "/ill/20/0650-01"
      ]
    }
  ],
  "analysis": {
    "cardinality": 201,
    "char_count": 2349,
    "ocr_confidence": 0.51,
    "pagerank": {
      "raw": 7.317852702137001e-08,
      "percentile": 0.43539874332441775
    },
    "sha256": "5ca5797442c3c359729e4b38fc4388dcc8bb11926370ce469cb4fc156f8428ef",
    "simhash": "1:c02a9844d074f23c",
    "word_count": 425
  },
  "last_updated": "2023-07-14T19:49:51.601388+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Lyman E. Crandall v. John Barton Payne."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Gary\ndelivered the opinion of the Court.\nA complicated real estate trade was in progress between others than the parties to this suit, pending which money was placed by them in the hands of the defendant in error upon terms expressed in writing, as follows:\n\u201cIt being understood that \u00a71,000, of the $5,000 herein mentioned, is going to L. E. Crandall, it is understood that said $1,000 is to be retained by said Payne until the matter of said lots and farm is closed, not exceeding said fifteen days.\nDated April 14, 1891.\u201d\nThe plaintiff in error was no party to the trade, but the title to the lots was to come from him to one of the parties. He does not seem to have been in fault, and yet between the parties \u201cthe matter of said lots and farm\u201d was never \u201c closed.\u201d His argument now is \u201c that this was to be done Avithin fifteen days, but whether or not done within that time, plaintiff in error Avas not to suffer; the $1,000 Avas to be paid to him at the expiration of the fifteen days at all events.\u201d\nThere was no contract betAveen him and anybody as to this money, and conceding that he might sue for money had and received by a stranger Avho had received money to be paid to him, yet he could only sue after the event upon Avhich the payment depended had happened. That event could never happen so long as \u201c the matter \u201d was not \u201c closed,\u201d hoAvever stringent the arrangement betAveen the parties as to the time in Avhich it should happen.\nThe judgment is affirmed.",
        "type": "majority",
        "author": "Mr. Justice Gary"
      }
    ],
    "attorneys": [
      "Brief of Plaintiff in Error, C. Stuart Beattie, Attorney.",
      "Defrees, Brace & Ritter, attorneys for defendant in error."
    ],
    "corrections": "",
    "head_matter": "Lyman E. Crandall v. John Barton Payne.\n1. Assumpsit\u2014Money Due upon the Happening of an Event.\u2014Where a payment is to be made upon the happening of an event, suit can only be brought after the event upon which the payment depended has happened.\nMemorandum.\u2014Assumpsit. Error to the Circuit Court of Cook County; the Hon. Samuel P. McConnell, Judge, presiding.\nHeard in this court at the March term, 1894,\nand affirmed.\nOpinion filed March 29, 1894.\nThe opinion states the case.\nBrief of Plaintiff in Error, C. Stuart Beattie, Attorney.\nThe action for money had and received is an equitable action. It lies whenever one has received money which ex equo et bono belongs to another. Pells v. Snell, 31 App. Ct. 164; Taylor v. Taylor, 20 Ill. 650; Alderson v. Ennor, 45 Ill. 12S; Belden v. Perkins, 48 Ill. 449.\nDefrees, Brace & Ritter, attorneys for defendant in error."
  },
  "file_name": "0644-01",
  "first_page_order": 642,
  "last_page_order": 643
}