Diamond Joe Line v. Carter
Appellate Court of Illinois
Trover.—Misdelivery of goods by a warehouseman. Trial in the Circuit Court of Cook County; the Hon. Edward F. Dunne, Judge, presiding. Finding and judgment for plaintiff, $250. Appeal by defendant.
1Opinion of the CourtJustice Windes
A question is made by appellant to the effect that the court found that the plaintiff was entitled to recover under the first count, and not under the second count, and inasmuch as it is claimed there was a fatal variance' between the proof and the first count, that the judgment must be reversed because of such variance. This contention as to the finding of the court would seem, from the abstract, to be correct, but by the record in the bill of exceptions and the judgment of the court, it appears that the court held that the plaintiff was entitled to recover, and the finding of the court in…
2Cases cited1 opinion
- Indianapolis & St. Louis Railroad v. Herndon & VanduzenIllinois Supreme Court · 1876
3Cited by2 opinions
- Deane v. Fort Dearborn Trust & Savings BankAppellate Court of Illinois · 1926
- Brink's Chicago City Express Co. v. HendricksAppellate Court of Illinois · 1902