Stone v. Mulvaine
Appellate Court of Illinois
Action of assumpsit. Appeal from the Circuit Court of Cook County; the Hon. Edward F. Dunne, Judge, presiding. Statement toy the Court. This is an appeal from a judgment for costs in favor of the appellee as executrix of the last will and testament of Phineas I. Mulvaine, deceased. Phineas I. Mulvaine was sued by the appellants in the Circuit Court of Cook county in November, 1900. The declaration contained the common counts.
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Action of assumpsit. Appeal from the Circuit Court of Cook County; the Hon. Edward F. Dunne, Judge, presiding. Statement toy the Court. This is an appeal from a judgment for costs in favor of the appellee as executrix of the last will and testament of Phineas I. Mulvaine, deceased. Phineas I. Mulvaine was sued by the appellants in the Circuit Court of Cook county in November, 1900. The declaration contained the common counts. The defendant filed a plea of the general issue thereto, and also a notice of set-off alleging that plaintiffs were indebted to the defendant in the sum of $2,000. under…
1Opinion of the CourtJustice Brown
The facts in this cause, as shown in the record, irresistibly suggest to us that the plaintiffs parted with their money without sufficiently considering possible contingencies and results in the affair in which they were involved, and that the defendant’s testate used the money as it was expected and intended that he should, and without the liability to account for it, save under circumstances which were expected to happen, but which never came about. When H. O. Stone & Co. gave, as the weight of the evidence shows they did, the cheque for $1,400.13, made to the order of the master in…
2Cases cited7 opinions
- Ruff v. JarrettIllinois Supreme Court · 1880
- Bradshaw v. CombsIllinois Supreme Court · 1882
- Ball v. BenjaminIllinois Supreme Court · 1874
- Donlin v. DaeglingIllinois Supreme Court · 1875
- Lanter v. HartmanAppellate Court of Illinois · 1900
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3Cited by3 opinions
- Bartsch v. Gordon N. Plumb, Inc.Appellate Court of Illinois · 1985
- Commercial State Bank v. FolkertsAppellate Court of Illinois · 1916
- Fuchs & Lang Manufacturing Co. v. R. J. Kittredge & Co.Appellate Court of Illinois · 1909