Ingersoll v. Banister
Illinois Supreme Court
Writ of Error to the County Court of De Kalb county; the Hon. Edward L. Mato, Judge, presiding. This was an action of. assumpsit, brought by Charles L. Ingersoll, in the County Court of De Kalb county to the June Term, 1865, against Daniel P. Banister. The declaration contained the usual common counts. The plea of the general issue only was filed. A trial was had at the return term by the court and a jury.
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Writ of Error to the County Court of De Kalb county; the Hon. Edward L. Mato, Judge, presiding. This was an action of. assumpsit, brought by Charles L. Ingersoll, in the County Court of De Kalb county to the June Term, 1865, against Daniel P. Banister. The declaration contained the usual common counts. The plea of the general issue only was filed. A trial was had at the return term by the court and a jury. It appears that plaintiff by his agent, Norman Weaver, sold to defendant a quantity of wheat, oats and corn, and took this receipt. “ Cortland, Nov. 24, 1862. “Bought of N. Weaver,…
1Opinion of the CourtChief Justice Walker
There seems to be no doubt that defendant in error purchased the grain. This is proved both by his receipt, and Weaver’s testimony. But he seeks to discharge himself from paying for it by showing, that, by an arrangement with Weaver, the latter was to become the debtor to plaintiff in error, and to pay for the grain. To establish that fact, defendant in error proved, that, after he bought the grain, Weaver became his partner in business. He then introduced the firm books to show that the amount which he was to pay for the grain, had, on a settlement of the firm business, been charged to…
2Cited by2 opinions
- House v. BeakIllinois Supreme Court · 1892
- Trueblood v. TruebloodAppellate Court of Illinois · 1957