Sinsabaugh v. Dun
Illinois Supreme Court
Appeal from the Appellate Court for the Third District ;—heard in that court on appeal from the City Court of Mattoon; the Hon. Frank K. Dunn, Judge, presiding. On October 1, 1902, W. F. Hartough, an agent of appellees, negligently caused the death of a horse, which he had hired from Hajry B. Sinsabaugh, who was the proprietor of a livery stable, through immoderate and careless driving, while engaged in performing his duties as such agent.
Read the full summary
Appeal from the Appellate Court for the Third District ;—heard in that court on appeal from the City Court of Mattoon; the Hon. Frank K. Dunn, Judge, presiding. On October 1, 1902, W. F. Hartough, an agent of appellees, negligently caused the death of a horse, which he had hired from Hajry B. Sinsabaugh, who was the proprietor of a livery stable, through immoderate and careless driving, while engaged in performing his duties as such agent. On November 14, 1902, Sinsabaugh brought suit against “R. G. Dunn & Co., a corporation” before James L. Scott, a justice of the peace in Coles county, to…
1Opinion of the CourtJustice Scott
Appellants contend that the decree is erroneous because it was not made to appear that appellees were not indebted to Sinsabaugh in the amount of the judgment recovered before the justice. That judgment was against R. G. Dun & Co., a corporation. The execution was levied upon the property of natural persons—the appellees. Whether the latter were in fact indebted to Sinsabaugh is therefore wholly immaterial. That question may be hereafter litigated if an appropriate action be brought.
The jurisdiction of a court of equity is questioned, and it is said that appellees had an adequate remedy at…
2Cases cited1 opinion
- Jewelers' Mercantile Agency v. RothschildAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by2 opinions
- Baker v. LloydSupreme Court of Oklahoma · 1947
- Yarbrough v. PughWashington Supreme Court · 1911