Caswell v. Cooper
Illinois Supreme Court
Cooper sued Caswell before a justice of the peace on an account amounting to $61.05. The cause was submitted to a jury, who found for Caswell, and the justice taxed the costs to Cooper. Cooper appealed to the circuit court.
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Cooper sued Caswell before a justice of the peace on an account amounting to $61.05. The cause was submitted to a jury, who found for Caswell, and the justice taxed the costs to Cooper. Cooper appealed to the circuit court. On the cause being called for trial in the circuit court, it appeared that the original bill of particulars had become lost or mislaid, and the court allowed Cooper to file a substitute, which he did in words and figures following: James A. Caswell, Bought of Robert Cooper, 1881. Oct. 30th, Bill of Glass, .... - 61.05J Castile Soap, 3 lbs. at 15 cts., . 45 Acknowledged,…
1Opinion of the CourtScates, C. J.
The testimony given by defendant, Cooper, having been received without objection, it is too late to raise it in this court. From that statement of defendant, it appears that plaintiff would be indebted to him upon final settlement of partnership dealings. The partnership had been dissolved, and defendant had assumed the entire control of the goods on hand, apparently upon the ground that all the partnership effects would belong to him on settlement.
In disposing of the goods, the articles in the bill sued for in this case, were sold to plaintiff", by defendant, at plaintiff’s request, and for…
2Cited by1 opinion
- Dakin v. GravesSupreme Court of New Hampshire · 1868