Legal Opinion

Stone v. Mulvaine

Illinois Supreme Court

Decided October 24, 1905PublishedCited by 5 opinions

Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Circuit Court of Cook county; the Hon. F. F. Dunne, Judge, presiding. This was an action of assumpsit commenced by H. O. Stone & Co. against Pirineas I. Mulvaine, in the circuit court of Cook county, to recover the amount of a check for $1400.13, bearing date November 8, 1895. The declaration consisted of the common counts, and the general issue and notice of set-off were filed.

Read the full summary

Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Circuit Court of Cook county; the Hon. F. F. Dunne, Judge, presiding. This was an action of assumpsit commenced by H. O. Stone & Co. against Pirineas I. Mulvaine, in the circuit court of Cook county, to recover the amount of a check for $1400.13, bearing date November 8, 1895. The declaration consisted of the common counts, and the general issue and notice of set-off were filed. Mulvaine died subsequent to the commencement of the suit and his executrix was substituted in his stead as defendant. A…

1Opinion of the CourtJustice Hand

It is first contended the circuit court erred in admitting parol proof of the arrangement between H. O. Stone & Co. and Mulvaine, whereby fit was agreed that Mulvaine should bid at the master’s sale the full amount of the decree, as it is said the effect thereof was to change the written contract signed by Mulvaine on November 8, 1895. We do not agree with such contention for two reasons: First, while the contract is incomplete, we think it shows upon its face, and without the aid of parol evidence, that Mulvaine was not to re-pay said sum of $1400.13 to H. O. Stone & Co. unless the premises…

2Cases cited1 opinion

  1. Ruff v. JarrettIllinois Supreme Court · 1880

3Cited by5 opinions

  1. Bartsch v. Gordon N. Plumb, Inc.Appellate Court of Illinois · 1985
  2. Scholbe v. SchuchardtIllinois Supreme Court · 1920
  3. Craig v. Chicago Coach & Carriage Co.Appellate Court of Illinois · 1912
  4. Chicago Auditorium Ass'n v. Corporation of Fine Arts BuildingAppellate Court of Illinois · 1909
  5. Miles v. NelsonAppellate Court of Illinois · 1928

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API