Chase v. Heaney
Illinois Supreme Court
Appeal from the Circuit Court of Cook county; the Hon. John G. Rogers, Judge, presiding. This was an action on the case, for negligence, by John Heaney, against Samuel B. Chase, Horace G. Chase, Charles C. Chase and John B. Adams, to the July term, 1872. The plaintiff, on April 26, 1866, purchased of James O. Humphrey a part of lot 4, in block 40, in the original town of Chicago, which was conveyed by Humphrey and wife on the same day.
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Appeal from the Circuit Court of Cook county; the Hon. John G. Rogers, Judge, presiding. This was an action on the case, for negligence, by John Heaney, against Samuel B. Chase, Horace G. Chase, Charles C. Chase and John B. Adams, to the July term, 1872. The plaintiff, on April 26, 1866, purchased of James O. Humphrey a part of lot 4, in block 40, in the original town of Chicago, which was conveyed by Humphrey and wife on the same day. On August 12, 1867, the land was sold for taxes, and on September 8, 1869, a deed was made for the same to Asahel Gage, by the sheriff of the county. In the…
1Opinion of the CourtJustice Scholeield
The undertaking implied by the law, from appellants’ engaging in the business of searching the public records, examining titles to real estate and making abstracts thereof, for compensation, is, that they possessed the requisite knowledge and skill, and that they would use due and ordinary care in the performance of their duties. For a failure in either of these respects, resulting in damages, the party injured is entitled to recover. Story on Bailments, sec. 431; Ritchey v. West, 23 Ill. 385; McNevins v. Lowe, 40 id. 210; Steamboat New World v. King, 16 Howard, 469; Clark v. Marshall, 34 Mo.…
2Cases cited2 opinions
- Ritchey v. WestIllinois Supreme Court · 1860
- Clark v. MarshallSupreme Court of Missouri · 1864
3Cited by13 opinions
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- Brown v. SimsIndiana Court of Appeals · 1899
- Hillock v. Idaho Title & Trust Co.Idaho Supreme Court · 1912
- Smith v. HolmesMichigan Supreme Court · 1884
- Johnson v. BriceWisconsin Supreme Court · 1899
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