Parmelee v. McNulty
Illinois Supreme Court
ERROR TO COOK. The defendant in error brought an action on the case against the plaintiffs in error to the March term, 1857, of the Cook Circuit Court. The declaration contains four counts — the first two of which are upon the custom as common carriers for the loss of a “ trunk or valise ” and contents. The third count charges them as bailees. The fourth count is in trover. The defendants pleaded the general issue.
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ERROR TO COOK. The defendant in error brought an action on the case against the plaintiffs in error to the March term, 1857, of the Cook Circuit Court. The declaration contains four counts — the first two of which are upon the custom as common carriers for the loss of a “ trunk or valise ” and contents. The third count charges them as bailees. The fourth count is in trover. The defendants pleaded the general issue. On the 13th of April, A. D. 1857, the plaintiff caused to be filed in the clerk’s office of said court the depositions of one Marsh, McNamara, Frank McNulty, and of himself, taken…
1Opinion of the Court
Catón, C. J.
This action was brought against Parmelee, as the proprietor of an omnibus line in Chicago, for the loss of a trunk, or valise, and its contents. To maintain the issue on his part, the plaintiff below introduced proof tending to show the delivery of the article to the agents of the omnibus line, and its loss. He also proved, by the deposition of his brother, Prank McNulty, that he knew the valise, and gave a description of it, also a description of a part of its contents. The plaintiff’s own deposition was then introduced, on his part, which is, in substance, this: I know the…
2Cited by6 opinions
- Parmelee v. LowitzIllinois Supreme Court · 1874
- Kirman v. HutchinsonAppellate Court of Illinois · 1929
- Bolkhardt v. EdwardsAppellate Court of Illinois · 1923
- Toledo, Wabash & Western Railway Co. v. RobertsIllinois Supreme Court · 1874
- Transformer Corp. of America v. HinchcliffAppellate Court of Illinois · 1935
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