Miller v. Chicago Heights Lumber Co.
Appellate Court of Illinois
Action of assumpsit. Appeal from the Circuit Court of Cook County; the Hon. Murray F. Tuley, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1903.
1Opinion of the CourtJustice Smith
The question presented by this record is whether the declaration avers, and the evidence shows, a cause of action against the appellant or not. If, as contended by appellant, it is necessary to aver and prove that at the time of an oral acceptance of and promise to pay a written order there must be in the hands of the acceptor a fund with which to pay the amount specified in the order, neither the declaration, nor the proof, makes out a cause of action against appellant, for the existence of such fund or indebtedness is not alleged or proved. Miller Bros, as a copartnership, or appellant…
2Cases cited7 opinions
- Ayres v. C., R. I. & P. R.Supreme Court of Iowa · 1879
- Louisville, Evansville & St. Louis Railway Co. v. CaldwellIndiana Supreme Court · 1884
- Wakefield v. GreenhoodCalifornia Supreme Court · 1866
- Walton v. Mandeville, Dowling & Co.Supreme Court of Iowa · 1881
- Manley v. GeaganMassachusetts Supreme Judicial Court · 1870
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