Great Western Railroad Co. of 1859 v. Hanks
Illinois Supreme Court
This was an action of assumpsit for goods bargained and sold, and goods sold and delivered. Plea of general issue. Trial by jury, and verdict for plaintiff below for $337.50. Bill of exceptions shows, from testimony of E. D. Walton, that in July, 1859, he was in company with W. F. Walton and plaintiff, at the house of L. M. Mason, in Decatur; that Mason was agent of defendant for purchasing wood; that he there heard a talk between Hanks and Mason about wood; that plaintiff…
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This was an action of assumpsit for goods bargained and sold, and goods sold and delivered. Plea of general issue. Trial by jury, and verdict for plaintiff below for $337.50. Bill of exceptions shows, from testimony of E. D. Walton, that in July, 1859, he was in company with W. F. Walton and plaintiff, at the house of L. M. Mason, in Decatur; that Mason was agent of defendant for purchasing wood; that he there heard a talk between Hanks and Mason about wood; that plaintiff proposed to sell and Mason agreed to take wood from him for defendant, and pay him as soon as defendant got able; that…
1Opinion of the CourtCaton, C. J.
As applied to the testimony in this cause, the second instruction was calculated to mislead the jury, and was erroneous. It was this: “ If the jury believe there is an apparent discrepancy in the evidence, it is their duty to reconcile it if they can, but if they cannot, then they will give positive and affirmative evidence greater weight than negative evidence.”
This instruction could only be applied to the testimony of E. D. Walton and L. M. Mason, who do substantially contradict each other — Walton swearing that Mason did purchase the wood for the railroad company, and Mason swearing that…
2Cited by6 opinions
- North Chicago Street Railroad v. AckleyIllinois Supreme Court · 1897
- Monarch Brewing Co. v. WolfordIllinois Supreme Court · 1899
- Kelly v. KellyIllinois Supreme Court · 1920
- Glos v. SwigartIllinois Supreme Court · 1895
- People ex rel. Dyer v. ClarkAppellate Court of Illinois · 1914
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