Koester v. Esslinger
Illinois Supreme Court
Appeal from the Circuit Court of St. Clair county; the Hon. J. Gillespie, Judge, presiding. This was an action of assumpsit, originally brought by the appellee against the appellant, in the City Court of East St. Louis, where a trial was had, and judgment rendered for §71 and costs of suit.
Read the full summary
Appeal from the Circuit Court of St. Clair county; the Hon. J. Gillespie, Judge, presiding. This was an action of assumpsit, originally brought by the appellee against the appellant, in the City Court of East St. Louis, where a trial was had, and judgment rendered for §71 and costs of suit. Appellant appealed from this judgment to the Circuit Court of St. Clair county, and judgment was there rendered in favor of appellee for §300; whereupon, the defendant below brings the cause to this court by appeal.
1Opinion of the Court
Hr. Justice Lawrence
delivered the opinion of the Court:
It was proved in this case that the plaintiff worked for the defendant, in his wagon shop, from September, 1864, to April, 1866, with the exception of about three months. The only controversy was, whether he had been paid. The parties were both sworn. The plaintiff testified he had been paid in all only §235. The defendant testified he had paid him in full. The jury gave the plaintiff a verdict for §300, which was" far too small if they believed the testimony of the plaintiff. But the testimony of the defendant is strongly corroborated by…
2Cited by4 opinions
- Hinkley v. GreeneIllinois Supreme Court · 1869
- West Chicago St. R. R. Co. v. LieserowitzAppellate Court of Illinois · 1902
- Thompson v. FullinwiderAppellate Court of Illinois · 1880
- Cicero & Proviso Street Railway Co. v. HughesAppellate Court of Illinois · 1905