Underwood v. Hossack
Illinois Supreme Court
Writ of Error to the Circuit Court of the County of La Salle; the Hon. Madison E. Hollister, Judge, presiding. Greorge P. Hossack, being a warehouseman in Morris, Illinois, on the 17th day of October, 1862, issued to Lester Underwood, the following receipt: “ Eeceived in store, of Lester Underwood, forty-six hundred and seventy 27-56 bushels of corn, for account of himself, at owners risk of fire and heating; storage four cents, to one year from date, delivered shelled.
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Writ of Error to the Circuit Court of the County of La Salle; the Hon. Madison E. Hollister, Judge, presiding. Greorge P. Hossack, being a warehouseman in Morris, Illinois, on the 17th day of October, 1862, issued to Lester Underwood, the following receipt: “ Eeceived in store, of Lester Underwood, forty-six hundred and seventy 27-56 bushels of corn, for account of himself, at owners risk of fire and heating; storage four cents, to one year from date, delivered shelled. H.’s cash advanced, one hundred and sixty-five dollars; interest twelve per cent., due when sold, 1863. If not paid when due…
1Opinion of the CourtChief Justice Walker
It is insisted, in support of the judgment below, that there was no guaranty to deliver the corn for which the receipt was given. Until rebutted, the production of such an instrument, raises a presumption that the receipt and guaranty were executed at the sjime time and as part of the same transaction. When read in evidence, without further proof, such would have been the legal effect of the receipt. If executed and delivered simultaneously, and before the corn was delivered to George Hossack, or if the corn was delivered in pursuance of the agreement, then the corn was the consideration and…
2Cases cited2 opinions
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