Legal Opinion

Ubben v. Binnian

Illinois Supreme Court

Decided October 25, 1899PublishedCited by 11 opinions

Appeal from the Appellate Court for the Third District;—heard in that court on appeal from the Circuit Court of Tazewell county; the Hon. T. M. Shaw, Judge, presiding-. This is an appeal from a judgment of the Appellate Court affirming a judgment of the circuit court of Tazewell county for costs and in bar of an action brought by the appellant, Ubbo A. Ubben, against appellee, William H. Binnian. The amended declaration contained four special counts and the common counts.

Read the full summary

Appeal from the Appellate Court for the Third District;—heard in that court on appeal from the Circuit Court of Tazewell county; the Hon. T. M. Shaw, Judge, presiding-. This is an appeal from a judgment of the Appellate Court affirming a judgment of the circuit court of Tazewell county for costs and in bar of an action brought by the appellant, Ubbo A. Ubben, against appellee, William H. Binnian. The amended declaration contained four special counts and the common counts. The first count alleged, in substance, that the defendant, Binnian, and one Stone, since deceased, who were then,…

1Opinion of the CourtJustice Carter

We are of the opinion that the circuit court erred in sustaining the demurrer to the first and fourth counts of the amended declaration, and to the replication to the second plea to the second count, and in instructing the jury to find their verdict for the defendant. The ground upon which the circuit court, and, on appeal, the Appellate Court, proceeded, was that the contract sued on was a contract for an option, which is declared by section 130 of the Criminal Code to be a gambling contract and void.

Since the judgment in this case was affirmed by the Appellate Court we have had occasion to…

2Cases cited1 opinion

  1. Wolf v. National BankIllinois Supreme Court · 1899

3Cited by11 opinions

  1. Loeb v. SternIllinois Supreme Court · 1902
  2. Schavoir v. American Re-Bonded Leather Co.Supreme Court of Connecticut · 1926
  3. Wallace Bank & Trust Co. v. First National Bank of FairfieldIdaho Supreme Court · 1925
  4. Stewart v. DodsonIllinois Supreme Court · 1917
  5. Osgood v. SkinnerAppellate Court of Illinois · 1904

6 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API