Phelps v. McGee
Illinois Supreme Court
This is an action of assumpsit upon the following agreement: “ I have this day sold to J. W. McGee, of Beardstown, Illinois, five thousand bushels of good, round, merchantable, white or yellow corn, to be shelled, fanned, cleaned and delivered in good order, on board of canal boat or boats, at Point Isabel, Illinois river, on or before the 15th day of August next, at the option of said J. W. McGee, at thirty-four cents per bushel; said boat or boats to be furnished by said…
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This is an action of assumpsit upon the following agreement: “ I have this day sold to J. W. McGee, of Beardstown, Illinois, five thousand bushels of good, round, merchantable, white or yellow corn, to be shelled, fanned, cleaned and delivered in good order, on board of canal boat or boats, at Point Isabel, Illinois river, on or before the 15th day of August next, at the option of said J. W. McGee, at thirty-four cents per bushel; said boat or boats to be furnished by said McGee. Received five hundred dollars, on account of this contract, in advance, balance payable on delivery of said corn.…
1Opinion of the CourtCaton, J.
The replication to the plea in abatement shows, that the contract, on which the action was brought, was made in the county of Cass, which was the residence of the plaintiff, and the first question is, whether this authorized the plaintiff to bring his action in that county, and send the summons to another county. The statute is this : “ It shall not he lawful for any plaintiff to sue a defendant out of the' county where the latter resides, or may he found, except in cases where the debt, contract, or cause of action accrued in the county of the plaintiff, or where the contract may have been…
2Cited by8 opinions
- Kansas Pacific Railway Co. v. ReynoldsSupreme Court of Kansas · 1871
- Deere v. LewisIllinois Supreme Court · 1869
- Harman v. Washington Fuel Co.Illinois Supreme Court · 1907
- Sagola Lumber Co. v. Chicago Title & Trust Co.Appellate Court of Illinois · 1905
- Chalmers Motor Co. v. MaibaumAppellate Court of Illinois · 1914
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