Clark v. Dutton
Illinois Supreme Court
Appeal from the Superior Court of Cook county; the Hon. William A. Porter, Judge, presiding. This was an action of assumpsit, by Lewis Dutton against George W. Clark, Jr., to recover the value of certain notes and other property alleged to have been sold by the plaintiff to the defendant, and for which the defendant was to give his note, as was alleged, for §5000, with security.
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Appeal from the Superior Court of Cook county; the Hon. William A. Porter, Judge, presiding. This was an action of assumpsit, by Lewis Dutton against George W. Clark, Jr., to recover the value of certain notes and other property alleged to have been sold by the plaintiff to the defendant, and for which the defendant was to give his note, as was alleged, for §5000, with security. The cause was tried by the court, without a jury, who found for the plaintiff, and allowed, interest on the debt, and rendered judgment accordingly. To reverse this judgment the defendant appealed.
1Opinion of the CourtJustice Soholfield
The first and principal objection urged as a cause for the reversal of this judgment is, that the finding of the court below was contrary to the evidence.
Appellee’s claim is, that appellant is indebted to him for $5000, in notes on Hass and Powell, appellee’s check for $500, a pair of horses of the value of $175, and a horse, buggy, harness and lap-robe, of the value of $200, which appellee let appellant have, in the fall of 1871, shortly after the great fire in Chicago, to enable him to start in business. There appears to be no controversy but that appellant received this money and property…
2Cited by12 opinions
- In Re KingUnited States Bankruptcy Court, D. Oregon · 1981
- Haas v. CravattaAppellate Court of Illinois · 1979
- Neal-Cooper Grain Co. v. Texas Gulf Sulphur Co.Court of Appeals for the Seventh Circuit · 1974
- Agency of Canadian Car & Foundry Co. v. American Can Co.Court of Appeals for the Second Circuit · 1919
- Redmond & Co. v. Atlanta & Birmingham Air-Line RailwaySupreme Court of Georgia · 1907
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