McDonald v. Western Refrigerating Co.
Appellate Court of Illinois
Appeal from the Circuit Court of Cook County; the Hon. Julius S. Gkinnell, Judge, presiding. This ease was submitted to the court below on the following agreed statement of facts: The Western Refrigerating Company, plaintiff, and William J. McDonald, defendant, in the above entitled cause, now pending and undetermined in said court, in pursuance of the statute in such case provided, do hereby make this an agreed case, and stipulate as follows to wit: That on the 27th day of…
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Appeal from the Circuit Court of Cook County; the Hon. Julius S. Gkinnell, Judge, presiding. This ease was submitted to the court below on the following agreed statement of facts: The Western Refrigerating Company, plaintiff, and William J. McDonald, defendant, in the above entitled cause, now pending and undetermined in said court, in pursuance of the statute in such case provided, do hereby make this an agreed case, and stipulate as follows to wit: That on the 27th day of October, 1888, the plaintiff filed its declaration containing the common counts, consolidated in due form; that on the…
1Opinion of the CourtMoran, J.
Appellant contends that the receipt in which the mistake was made was the one which, in the dissolution of the partnership, went to Bennett; and as appellee paid Bennett with knowledge of the mistake, the money could not be recovered back, and that it could not be recovered back from appellant under the circumstances of this case, and the refusal by the trial court to hold propositions embodying such contention is pressed for error.
As appellant’s points all arise on the statement of facts, it is unnecessary to consider .the formal propositions submitted to the court to be held. The question…
2Cases cited5 opinions
- The Kingston Bank v. . EltingeNew York Court of Appeals · 1869
- Drennan v. BunnIllinois Supreme Court · 1888
- Cole v. FavoriteIllinois Supreme Court · 1873
- McLean County Bank v. MitchellIllinois Supreme Court · 1878
- Kansas Lumber Co. Jr. v. Central BankSupreme Court of Kansas · 1886
3Cited by4 opinions
- Harris v. Faultfinders, Inc.Appellate Court of Illinois · 1981
- Bechtel v. MarshallAppellate Court of Illinois · 1925
- I. Lurya Lumber Co. v. BernsteinAppellate Court of Illinois · 1912
- Sinsheimer v. William Skinner Manufacturing Co.Appellate Court of Illinois · 1894