Sedgwick v. Phillips
Illinois Supreme Court
This was an action of assumpsit, commenced in the Rock Island Circuit Court, by appellant against appellee, at the September term, 1858, of said court. Plaintiff’s declaration contained a special count, for lumber sold and delivered to the defendant, and the common counts for goods sold and delivered, etc. Defendant pleaded the general issue, and filed notice that on trial he would prove an offset of $500. Issue joined.
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This was an action of assumpsit, commenced in the Rock Island Circuit Court, by appellant against appellee, at the September term, 1858, of said court. Plaintiff’s declaration contained a special count, for lumber sold and delivered to the defendant, and the common counts for goods sold and delivered, etc. Defendant pleaded the general issue, and filed notice that on trial he would prove an offset of $500. Issue joined. Plaintiff offered the testimony of Porter S. Skinner, who said, I am one of the firm of Keator & Skinner, lumber dealers, at Moline, Illinois ; our firm delivered lumber to…
1Opinion of the CourtBreese, J.
The instructions given by the court were not excepted to on the trial, as the record shows, and we cannot therefore now consider their propriety. Leigh v. Hodges, 3 Scam. R. 17 ; Gibbons v. Johnson, ib. 63 ; Hill v. Ward, 2 Gilm. R. 293; Martin v. The People, 13 Ill. R. 342 ; Duffield v. Cross, ib. 700.
The proofs show that the defendant took the order for the lumber from Hartzell, with the distinct understanding that it was to pay Hartzell’s debt to him, and to be charged to Hartzell, not to himself. On that order the defendant got the lumber, and we know of no rule of law or principle of…
2Cited by3 opinions
- Geo. Pacific Railway Co. v. DavisSupreme Court of Alabama · 1890
- Payne v. IrvinAppellate Court of Illinois · 1892
- Willard v. PetittIllinois Supreme Court · 1894