Sutter v. Rose
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. Francis Adams, Judge, presiding. This was an action in assumpsit, brought by Lester E. Rose against Adolph Sutter and others, composing the firm of Sutter Bros., of Chicago, upon an assumption clause in a deed made by C. H. Peckham and wife to Adolph Sutter in May, 1890, conveying certain real estate in Wichita, Kansas.
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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. Francis Adams, Judge, presiding. This was an action in assumpsit, brought by Lester E. Rose against Adolph Sutter and others, composing the firm of Sutter Bros., of Chicago, upon an assumption clause in a deed made by C. H. Peckham and wife to Adolph Sutter in May, 1890, conveying certain real estate in Wichita, Kansas. Peckham was indebted to Sutter Bros, in the sum of about §1258.33. He owned some real estate in Wichita, which was encumbered by a mortgage of…
1Opinion of the CourtChief Justice Phillips
All questions of fact in this case are settled by the judgments of the trial and Appellate Courts. We can only consider errors of law, if any arise, on the giving or refusal of instructions and the admission or refusal of testimony.
Appellant urges as error the refusal of the trial court to give certain instructions asked by him, as defendant below. We find that in the Appellate Court appellant expressly waived discussion of any error in the refusal of instructions offered by himself, but contended that there was error in those given in behalf of appellee. Where errors are assigned in the…
2Cases cited5 opinions
- Hall v. FullertonIllinois Supreme Court · 1873
- Brant v. GallupIllinois Supreme Court · 1885
- Strodtmann v. County of MenardIllinois Supreme Court · 1895
- Flower v. BrumbachIllinois Supreme Court · 1890
- Morey v. PierceAppellate Court of Illinois · 1883
3Cited by10 opinions
- Abend v. Endowment Fund Com. of McKendree CollegeIllinois Supreme Court · 1898
- Gunning v. SorgIllinois Supreme Court · 1905
- Lloyd v. LoweSupreme Court of Colorado · 1917
- Harrison v. ThackaberryIllinois Supreme Court · 1911
- National Bank v. HamiltonAppellate Court of Illinois · 1916
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