Oldershaw v. Knoles
Appellate Court of Illinois
Appeal from the Superior Court of Cook county; the Hon. Joseph E. Gaby, Judge, presiding. This cause was brought to this court by appeal, at the Harch term, 1879, and a judgment therein in favor of Knoles, the defendant below, was reversed, for reasons stated in the opinion then filed.
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Appeal from the Superior Court of Cook county; the Hon. Joseph E. Gaby, Judge, presiding. This cause was brought to this court by appeal, at the Harch term, 1879, and a judgment therein in favor of Knoles, the defendant below, was reversed, for reasons stated in the opinion then filed. Oldershaw v. Knoles, 4 Bradwell, 63. After the cause was'1 reinstated in the court below, the defendant, by leave of the court, filed a plea of set-off, and the cause again coming on to be tried before the court and a jury, the plaintiffs, in addition to the evidence adduced upon the former trial, gave the…
1Opinion of the CourtBailey, P. J.
We cannot refrain from expressing our surprise at the instruction given to the jury by the learned judge before whom this cause was tried. There is no view of the record we are able to take in which said instruction does not seem to be in clear and palpable conflict with the principles decided by this court on the former appeal.
On the former trial it was proved that, after the several purchases of lard by the plaintiffs for the defendant, and before the sale of the same by the plaintiffs on the market for want of margins, the plaintiffs, as to 750 tierces of said lard, settled said purchases…
2Cited by8 opinions
- Curtis v. WrightAppellate Court of Illinois · 1891
- Pardridge v. CutlerAppellate Court of Illinois · 1897
- Bowes v. Industrial Bank of ChicagoAppellate Court of Illinois · 1896
- People ex rel. Davis v. Superior CourtAppellate Court of Illinois · 1894
- Cook v. MoultonAppellate Court of Illinois · 1896
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