Robison v. Hardy
Appellate Court of Illinois
Appeal from the Circuit Court of Cook County; the Hon. C. B. Smith, Judge, presiding. Statement by McAllister, P. J. This was an action of trover, brought May 16, 1884, in the court below by appellees, Hardy & Metzger, against appellants, Martin S.-& J. H. Robison,, to recover for the wrongful conversion by the defendants of 40,000 bushels of flaxseed.
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Appeal from the Circuit Court of Cook County; the Hon. C. B. Smith, Judge, presiding. Statement by McAllister, P. J. This was an action of trover, brought May 16, 1884, in the court below by appellees, Hardy & Metzger, against appellants, Martin S.-& J. H. Robison,, to recover for the wrongful conversion by the defendants of 40,000 bushels of flaxseed. Plea, the general issue, trial by jury and verdict and judgment against the defendants for $6,121.05 damages, and they appeal to this court. The evidence on behalf of plaintiffs tended to show that in July or August, 1883, the plaintiffs being…
1Opinion of the CourtMcAllister, P. J.
The declaration of the plaintiffs in this case contains but one count. While the count is inartificially drawn and not in conformity with the usual precedents, yet the matters alleged constitute it a count in trover and for no other cause of action. Besides, the case was tried and given to the jury upon the theory that the action was trover "for the wrongful conversion by the defendants of 40,000 bushels of flaxseed of plaintiffs.
The propriety of the instructions to the jury given by the court must therefore be determined with reference to that action.
The court instructed the jury that in…
2Cases cited4 opinions
- Emerson v. SlaterSupreme Court of the United States · 1860
- Redman v. GouldIndiana Supreme Court · 1845
- Eisendrath v. KnauerIllinois Supreme Court · 1872
- Burton v. TannehillIndiana Supreme Court · 1843
3Cited by1 opinion
- Aylesbury Mercantile Co. v. FitchSupreme Court of Oklahoma · 1908