Turner v. Dawson
Illinois Supreme Court
Writ of Error to the Circuit Court of Coles county ; the Hon. James Steele, Judge, presiding. This was an action of assumpsit, brought by the defendants in error, against the plaintiff in error, in the Circuit Court of Coles county, to recover for advances made by them as commission merchants in the city of Chicago, together with interest thereon at the rate of ten per cent, per annum, and their reasonable commissions.
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Writ of Error to the Circuit Court of Coles county ; the Hon. James Steele, Judge, presiding. This was an action of assumpsit, brought by the defendants in error, against the plaintiff in error, in the Circuit Court of Coles county, to recover for advances made by them as commission merchants in the city of Chicago, together with interest thereon at the rate of ten per cent, per annum, and their reasonable commissions. There was no express contract between the parties in respect to the payment of any interest, but on the trial the plaintiff recovered at the rate of ten per cent. The plaintiff…
1Opinion of the CourtChief Justice Breese
The only question necessary to be now considered, presented by this record, is as to the allowance of the charge by plaintiffs against defendant, of ten per cent, for advances of money in purchasing the lard, in addition to the usual commissions.. It is admitted there was no express contract between the parties as to the payment of any interest. The plaintiffs rely upon the usage and custom of merchants in Chicago to sustain the charge, which usage and custom they wholly failed to • prove. Ho two of the four witnesses examined on that point, testified alike. A custom, to be binding, must be…
2Cited by14 opinions
- Cleveland, Cincinnati, Chicago & St. Louis Ry. Co. v. JenkinsIllinois Supreme Court · 1898
- Drovers' National Bank v. Anglo-American Packing & Provision Co.Illinois Supreme Court · 1886
- Wilson v. BaumanIllinois Supreme Court · 1875
- Papin v. GoodrichIllinois Supreme Court · 1882
- Byrd v. BeallSupreme Court of Alabama · 1907
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