Ayers v. Metcalf
Illinois Supreme Court
Appeal from, the Circuit Court of Morgan county; the Hon. D. M. Woodson, Judge, presiding. This was an action in assumpsit, commenced in the Morgan Circuit Court, against the defendants, to recover the sum of $11,695.46, claimed by the appellants to be due to them, for money advanced to appellees, by appellants, as bankers, at different times.
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Appeal from, the Circuit Court of Morgan county; the Hon. D. M. Woodson, Judge, presiding. This was an action in assumpsit, commenced in the Morgan Circuit Court, against the defendants, to recover the sum of $11,695.46, claimed by the appellants to be due to them, for money advanced to appellees, by appellants, as bankers, at different times. A bill of items was filed, the first item in which showed a balance due April 1, 1865, of $4,834.97, and continued down to June 17, and including an item of July 8, 1865, of interest on account to date, $289.52. In July, 1865, appellants sued out an…
1Opinion of the CourtChief Justice Walker
Appellants insist that a portion of the instructions given for appellees were erroneous, and misled the jury in finding their verdict. The first of their instructions, and which is complained of, is this:
“ The court instructs the jury, for the defendants, that if they believe from the evidence that defendants have deposited with plaintiffs, from time to time, during the course of business transactions between them, more money than they have received from plaintiffs, the pleadings in the case authorize and require the jury to find a verdict for the defendants for such excess of deposits over…
2Cases cited2 opinions
- Sammis v. ClarkIllinois Supreme Court · 1852
- Hitt v. AllenIllinois Supreme Court · 1852
3Cited by12 opinions
- Lindenmier v. City of RockfordAppellate Court of Illinois · 1987
- Trapkus v. Edstrom's, Inc.Appellate Court of Illinois · 1986
- Casey v. BurnsAppellate Court of Illinois · 1955
- Sutton v. FoxWisconsin Supreme Court · 1882
- Northern Trust Co. v. Skokie Valley Community HospitalAppellate Court of Illinois · 1980
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