Cartier v. Trot Lumber Co.
Illinois Supreme Court
Appeal from the Appellate Court for the First District;— ■ heard in that court on appeal from the Circuit Court of Cook county; the Hon. A. N. Waterman, Judge, presiding. Appellee, being the owner of a number of tracts of pine timber lands in Michigan, together with certain buildings, a saw-mill, etc., pertaining to the business of lumber manufacturing, on the 8th of September, 1883, entered into a contract with appellant for the sale of the same.
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Appeal from the Appellate Court for the First District;— ■ heard in that court on appeal from the Circuit Court of Cook county; the Hon. A. N. Waterman, Judge, presiding. Appellee, being the owner of a number of tracts of pine timber lands in Michigan, together with certain buildings, a saw-mill, etc., pertaining to the business of lumber manufacturing, on the 8th of September, 1883, entered into a contract with appellant for the sale of the same. The contract price was $190,000, provided the timber on said lands should amount to 50,000,000 feet or more, the quantity to be determined by an…
1Opinion of the CourtJustice Wilkin
Among the instructions given to the jury by the trial court was the following:
“If you believe, from the evidence, that the defendant, Cartier, has in his possession or under his control, so that he might have produced them, books or papers which contain evidencé material to this ease, which he has not produced in evidence, you have a right to presume that such books and papers, if produced in evidence, would be injurious to his case, unless you find that such presumption has been refuted by the other credible evidence in the case.”
It is now insisted by appellant that the giving of this…
2Cases cited3 opinions
- Life & Fire Insurance v. Mechanic Fire InsuranceNew York Supreme Court · 1831
- Elston & Wheeling Gravel Road Co. v. People ex rel. PierceIllinois Supreme Court · 1880
- Merwin v. WardSupreme Court of Connecticut · 1843
3Cited by8 opinions
- Shumak v. ShumakAppellate Court of Illinois · 1975
- Hecht v. HechtAppellate Court of Illinois · 1977
- Webb v. BowdenSupreme Court of Arkansas · 1916
- Village of Princeville v. HitchcockAppellate Court of Illinois · 1902
- Kaplan v. SteinIllinois Supreme Court · 1928
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