Sprague, Warner & Co. v. Hazenwinkle
Illinois Supreme Court
Appeal from the Circuit Court of McLean county; the Hon. John M. Scott, Judge, presiding. This was an action of assumpsit, brought to recover for goods sold and delivered. The facts of the case, generally, are fully stated in the opinion of the court.
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Appeal from the Circuit Court of McLean county; the Hon. John M. Scott, Judge, presiding. This was an action of assumpsit, brought to recover for goods sold and delivered. The facts of the case, generally, are fully stated in the opinion of the court. The plaintiffs asked an instruction, designated in the series as the second, in respect to the application of payments, as follows: “ The court instructs the jury for the plaintiffs that, if they believe from the evidence, that the defendants owed the plaintiffs different debts, and have made several payments to the plaintiffs, without…
1Opinion of the CourtChief Justice Breese
This was an action of assumpsit, brought to the circuit court of McLean county, at the March term, 1869, by Sprague, Warner & Company, against Mansfield J. Getchel and Henry Hazenwinkle, as late partners, doing business under the firm name of Getchel & Hazenwinkle. The declaration contained the common counts only. Hazenwinkle, alone, was served with process, and pleaded the general issue.
At the same term, plaintiffs took leave to amend their declaration by filing additional counts, but what those counts were, the record nowhere shows. The defendant, at the same time, presented his affidavit…
2Cited by7 opinions
- Conduitt v. RyanIndiana Court of Appeals · 1891
- Hansen v. RounsavellIllinois Supreme Court · 1874
- Dehner v. Helmbacher Forge & Rolling MillsAppellate Court of Illinois · 1880
- Blackhawk Production Credit Ass'n v. BayAppellate Court of Illinois · 1979
- Little v. MunsonAppellate Court of Illinois · 1894
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