Lusk v. Throop
Illinois Supreme Court
Appeal from the Appellate Court for the Second District;—heard in that court on appeal from the Circuit Court of McHenry county; the Hon. Charles H. Donnelly, Judge, presiding. This is an action of assumpsit, begun on August 4, 1898, by appellees, Ben.
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Appeal from the Appellate Court for the Second District;—heard in that court on appeal from the Circuit Court of McHenry county; the Hon. Charles H. Donnelly, Judge, presiding. This is an action of assumpsit, begun on August 4, 1898, by appellees, Ben. Throop and William Pinnow, doing business under the firm name of Throop & Pin-now, against the appellants, Frank S. Lusk and D. D. Streeter, composing the firm of D. D. Streeter & Co., to recover the value of goods and supplies sold and delivered by appellees to the firm of Carlson & Olson, composed of Carl August Carlson and Andrew Olson,…
1Opinion of the CourtJustice Magruder
First—The first and second errors, assigned by the appellants, are that the trial court erred in refusing, at the close of the testimony of the appellees, and again at the close of all the evidence in the case, to direct a verdict in favor of the defendants below, the appellants here, in pursuance of a peremptory instruction to that effect, submitted by the appellants. The trial court did not err in refusing to instruct the jury to find for the appellants, if there was any evidence in the case tending to sustain the cause of action. (Boyce v. Tallerman, 183 Ill. 115).
If, before the delivery…
2Cases cited12 opinions
- Boykin v. Dohlonde & Co.Supreme Court of Alabama · 1861
- Clifford v. LuhringIllinois Supreme Court · 1873
- Henry v. StewartIllinois Supreme Court · 1900
- Boyce v. TallermanIllinois Supreme Court · 1899
- Moshier v. Kitchell & ArnoldIllinois Supreme Court · 1877
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3Cited by35 opinions
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- Goldie-Klenert Distributing Co. v. BothwellWashington Supreme Court · 1912
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