Legal Opinion

Griffin v. Knisely

Illinois Supreme Court

Decided September 15, 1874PublishedCited by 24 opinions

Appeal from the Circuit Court of Cook county; the Hon. Henry Booth, Judge, presiding. This was assumpsit, by appellee against appellant, for the use and occupation of a dock belonging to appellee, situated upon Magazine slip and Halsted street, in the city of Chicago, from May 1,1871, to May 1, 1872. The dock was 261^ feet front on Halsted street.

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Appeal from the Circuit Court of Cook county; the Hon. Henry Booth, Judge, presiding. This was assumpsit, by appellee against appellant, for the use and occupation of a dock belonging to appellee, situated upon Magazine slip and Halsted street, in the city of Chicago, from May 1,1871, to May 1, 1872. The dock was 261^ feet front on Halsted street. The same premises were rented the previous year—from May 1, 1870, to May 1, 1871,—to A. E. Chamberlain & Co. and appellant, and by them divided into separate parts and occupied to suit their convenience. Appellant occupied the south part of the…

1Opinion of the CourtJustice Scholfield

The first question presented on this record is, whether the agreement between the parties made in the latter part of March, 1871, for the renting of the premises from May 1,1871, to May 1,1872, was a present letting. Appellant insists that it was, and cites numerous authorities, which he claims sustain his position. We think the authorities are inapplicable to the case as made by the evidence. In determining whether an instrument is a lease, or only an agreement for a lease, the question is said to be one of construction, to be determined according to what appears to be the paramount…

2Cases cited1 opinion

  1. Higgins v. HalliganIllinois Supreme Court · 1867

3Cited by24 opinions

  1. Clinton Wire Cloth Co. v. GardnerIllinois Supreme Court · 1881
  2. Feeley v. Michigan Avenue National BankAppellate Court of Illinois · 1986
  3. Abraham v. GheensCourt of Appeals of Kentucky · 1924
  4. Garrity v. United StatesUnited States Court of Claims · 1946
  5. Board of Directors v. Chicago Veneer Co.Appellate Court of Illinois · 1901

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