Hall v. Carpen
Illinois Supreme Court
In June, 1860, appellee and appellants each shipped a lot of cattle to the city of New York for sale. On reaching the city, they separately employed to sell their respective lots of cattle, a cattle broker by the name of Wm. Florence.
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In June, 1860, appellee and appellants each shipped a lot of cattle to the city of New York for sale. On reaching the city, they separately employed to sell their respective lots of cattle, a cattle broker by the name of Wm. Florence. On the 25th and 26th of the same month, Florence sold by small lots, both lots of cattle, and in settling with the parties for the proceeds of their respective lots of cattle, Florence by mistake paid appellants $171 more than was due them on their cattle, and also paid appellee $171 less-than was due him for his cattle. Appellee sued appellants for the said sum…
1Opinion of the CourtCaton, C. J.
The appellants consigned to a cattle broker in New York, a lot of cattle for sale, which were sold, and upon settlement, the broker by mistake paid them $171 too much; and about the same time, the appellee also placed in the hands of the same broker, a lot of cattle for sale, and upon settlement with him, the appellee was hot paid enough by the sum of one hundred and seventy-one dollars, and Carpen sued the Halls for this amount, on the supposition that they had got his money. This is quite a mistake. The Halls have got the broker’s money, and he has got Carpen’s. There was no privity between…
2Cited by12 opinions
- Board of Highway Commissioners v. City of BloomingtonIllinois Supreme Court · 1911
- Town of Rushville v. President & Trustees of RushvilleAppellate Court of Illinois · 1891
- Carpen v. HallIllinois Supreme Court · 1863
- State National Bank v. PayneAppellate Court of Illinois · 1894
- Dumois v. HillAppellate Division of the Supreme Court of the State of New York · 1896
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