Tompkins v. Hill

Case # Not Listed

Appellant/Plaintiff

Joseph Tompkins

Appellee/Defendant

Elijah S. Hill

Appellant/Plaintiff Attorneys

  • W. E. Ives

Appellee/Defendant Attorneys

  • Leland, Blanchard

County of Origin

Lee County

Justice

Justice Sidney Breese

Terms of Court

April 1862

Type of Case

Not Listed

Disposition

Reversed

Citation

28 Ill 519

Subject(s)

Not Listed

Case Summary

Hill sued Tompkins in assumpsit to recover money paid to satisfy a note held by Tompkins as security. Despite Tompkins' demurrer, damages were awarded. However, the court found no grounds to overturn precedent regarding voluntary payment of usury, stating the legislature didn't intend to create a cause of action in such cases. As the payment wasn't compelled, Tompkins could have resisted, making the demurrer valid. Thus, the judgment was reversed.

Illinois Reports File