Missouri & Illinois Coal Co. v. Pomeroy
Appellate Court of Illinois
Assumpsit.—Trial in the Superior Court of Cook County, on appeal from a justice of the peace; the Hon. Philip Stein, Judge, presiding. Verdict and judgment for plaintiff. Appeal by defendant.
1Opinion of the Court
Mr. Presiding Justice Windes
delivered the opinion of the court.
Appellant claims, first, that plaintiff did not make out his case by a preponderance of the evidence; second, that he failed to prove that he was able, ready and willing to receive and pay for the coal; third, that the court erred in the instruction for plaintiff as to the measure of damages; fourth, that the court erred in plaintiff’s instructions by not requiring that plaintiff prove his case by a preponderance of the evidence; and fifth, that there was error in refusing appellant’s seventh instruction as asked, and in giving it…
2Cases cited4 opinions
- Hatch v. Oil Co.Supreme Court of the United States · 1879
- Wade v. MoffettIllinois Supreme Court · 1859
- West Chicago Street Railroad v. EstepIllinois Supreme Court · 1896
- West Chicago Street Railroad v. NashIllinois Supreme Court · 1897
3Cited by4 opinions
- Petroleum Products Distributing Co. v. Alton Tank LineSupreme Court of Iowa · 1914
- Goodman v. Haynes Automobile Co.Court of Appeals for the Seventh Circuit · 1913
- Loewenthal Securities Co. v. White Paving Co.Appellate Court of Illinois · 1931
- Stumer v. WilsonAppellate Court of Illinois · 1899