Huston v. Newgass
Illinois Supreme Court
Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. M. Kavanagh, Judge, presiding. This is. an appeal from a judgment of the Appellate Court affirming a judgment of the superior court of Cook county.
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Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. M. Kavanagh, Judge, presiding. This is. an appeal from a judgment of the Appellate Court affirming a judgment of the superior court of Cook county. The action was assumpsit, brought by appellants, against appellees, to recover an amount claimed to be due on a draft drawn by Grindell & Dainty (also referred to as Dainty & Grindell) on appellees, upon which draft the cash was advanced to the drawers by appellants. We adopt, in part, the statement of the…
1DissentJustice Dunn
Since all questions of fact must be regarded as settled against appellants by the Appellate Court’s affirmance of the judgment of the circuit court, it must be regarded as conclusively determined that the partnership of Dainty & Grindell was dissolved before the draft in question was drawn, and that Grindell had no authority to draw it in the firm name. Therefore it was, in fact, not the draft of Dainty & Grindell. The appellees had a right to stand upon' their contract. If its terms bound them, they were bound; otherwise they were not bound. The only count in the declaration on which a…
2Cases cited3 opinions
- Birch v. De RiveraNew York Supreme Court · 1889
- A. M. Byers & Co. v. Hickman Grain Co.Supreme Court of Iowa · 1900
- Burke v. Utah National BankNebraska Supreme Court · 1896