Legal Opinion

Harvey v. Cook

Appellate Court of Illinois

Decided December 7, 1887PublishedCited by 2 opinions

Appeal from the Superior Court of Cook County; the Hon. Johit P. Altgeld, Judge, presiding. This action was brought by appellee Cook against James JV1. and Frank Harvey, doing business as clothing merchants under the firm name of Harvey Brothers, to recover commissions upon 362 advertising contracts with the publishers of different newspapers procured by Cook as agent for Harvey Brothers for that special purpose.

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Appeal from the Superior Court of Cook County; the Hon. Johit P. Altgeld, Judge, presiding. This action was brought by appellee Cook against James JV1. and Frank Harvey, doing business as clothing merchants under the firm name of Harvey Brothers, to recover commissions upon 362 advertising contracts with the publishers of different newspapers procured by Cook as agent for Harvey Brothers for that special purpose. Before trial James M. Harvey died, and the suit was carried on against the other defendant as surviving partner. Upon trial by jury, a verdict was rendered against defendant for…

1Opinion of the CourtMcAllister, J.

On the trial, the plaintiff below gave evidence tending to show in a general way that he had procured for Harvey Brothers 362 advertising contracts, and claimed that, under the contract with them, dated October 6, 1882, lie was entitled to a commission of $5 upon each. Ho direct evidence as to the genuineness of the signatures of the purported publishers appearing thereon, was offered; but he produced in evidence a written acknowledgment signed by Harvey Brothers, dated October 21, 1882, of the reception by them from him of sixty-six advertising contracts as per agreement at $5 each; also…

2Cases cited3 opinions

  1. Hoyt v. ShipherdIllinois Supreme Court · 1873
  2. Fisher v. DynesIndiana Supreme Court · 1878
  3. Prescott v. WhiteAppellate Court of Illinois · 1886

3Cited by2 opinions

  1. Mattieligh v. PoeWashington Supreme Court · 1960
  2. Mattieligh v. PoeWashington Supreme Court · 1960

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