Nelson v. Cook
Illinois Supreme Court
This was an action of assumpsit, commenced by Isaac Cook, late sheriff of Cook county, against the plaintiffs in error, in the Lake County Circuit Court, by attachment, and afterwards removed to the Cook County Court of Common Pleas, and tried before J. M. Wilson, Judge, at the September term, 1855. The affidavit for the attachment sets forth, that the plaintiffs in error were indebted to the defendant in error upon an implied contract arising as follows: That while said…
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This was an action of assumpsit, commenced by Isaac Cook, late sheriff of Cook county, against the plaintiffs in error, in the Lake County Circuit Court, by attachment, and afterwards removed to the Cook County Court of Common Pleas, and tried before J. M. Wilson, Judge, at the September term, 1855. The affidavit for the attachment sets forth, that the plaintiffs in error were indebted to the defendant in error upon an implied contract arising as follows: That while said Isaac Cook was sheriff of Cook county, in June, 1848, said Nelson and Graydon, as creditors of Augustus E. Miller and David…
1Opinion of the CourtScates, C. J.
The principle laid down in Merriweather v. Nixan, 8 Term R. 186, that there is no right of contribution as between tort-feasors, or trespassers, has been, and still is, recognized as unquestionable law. But this does not affect the right of indemnity where a right of indemnity exists.
There has been some little diversity of opinion, in the proper application of the rule of distinction, or exception to the general rule, in Merriweather v. Nixan, in agreeing upon the facts and circumstances, which raise the exception. I.regard the following distinctions, however, to be well settled and supported…
2Cases cited2 opinions
- Bond v. WardMassachusetts Supreme Judicial Court · 1810
- Marshall v. HosmerMassachusetts Supreme Judicial Court · 1808
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- Allison v. Shell Oil Co.Illinois Supreme Court · 1986
- St. Joseph Hospital v. Corbetta Construction Co.Appellate Court of Illinois · 1974
- Babb v. City of ChampaignIllinois Supreme Court · 1994
- Carver v. GrossmanIllinois Supreme Court · 1973
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