Webster & Baxter v. Pierce & Barber
Illinois Supreme Court
Appeal from the Superior Oourt of Chicago. Pierce & Barber instituted their action of assumpsit in the court below against Webster & Baxter. The declaration contained the common counts for money lent, money had and received, goods sold and delivered, and work and labor. The defendants pleaded the general issue. Upon the trial the plaintiffs, to sustain the issue on their part, offered the following account current, to wit: Chicago, April 30th, 1861. Messrs.
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Appeal from the Superior Oourt of Chicago. Pierce & Barber instituted their action of assumpsit in the court below against Webster & Baxter. The declaration contained the common counts for money lent, money had and received, goods sold and delivered, and work and labor. The defendants pleaded the general issue. Upon the trial the plaintiffs, to sustain the issue on their part, offered the following account current, to wit: Chicago, April 30th, 1861. Messrs. Pierce & Barber, In account with Webster & Baxter, Mar. 5. By balance as per account ren’d,.. 525 73 « 8. tt proceeds as per “ tt 113 25…
1Opinion of the CourtJustice Bbeese
The. law of this case, on the facts appearing in the record, is so well expressed in the instruction given by the court for the plaintiffs that we deem any other argument unnecessary.
If the plaintiffs sent gold and drafts to the defendants to he sold for currency, and defendants sold the same and rendered an account stating that there was any sum due to the plaintiffs in currency, that is prima facie evidence that there was so much or such sum due to the plaintiffs in current funds, and to excuse the defendants from liability the defendants must show that they paid over the same or offered to…
2Cases cited3 opinions
- Brown v. FergusonNew York Supreme Court · 1846
- Knox v. LightIllinois Supreme Court · 1850
- Springfield Marine & Fire Insurance v. TincherIllinois Supreme Court · 1863
3Cited by6 opinions
- State v. WilliamsMissouri Court of Appeals · 1977
- Wangsness v. BerdahlSouth Dakota Supreme Court · 1944
- McDaniel v. UptonAppellate Court of Illinois · 1892
- People v. OcampoAppellate Court of Illinois · 1947
- Brooks v. LawyerAppellate Court of Illinois · 1895
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