Legal Opinion

Marshall v. John Grosse Clothing Co.

Illinois Supreme Court

Decided February 19, 1900PublishedCited by 40 opinions

Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. John Barton Payne, Judge, presiding.

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Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. John Barton Payne, Judge, presiding. This was an action brought by the John Crosse Clothing Company in the superior court of Cook county, to the February term, 1898, against appellant, Joseph A. Marshall, and one J. A. Whipple, to recover nine installments of rent, of $75 each, from May, 1897, to January, 1898, inclusive, under a written lease made in May, 1895. The lease was from appellee for the entire second floor of the building known as No. 844…

1Opinion of the CourtJustice Craig

Three grounds are relied upon by appellant to reverse the judgment of the Appellate Court: First, that the former judgment in the circuit court is a bar to this action; second, that, even aside from such bar, the defendant produced evidence of an eviction, on which he was entitled to go to the jury; and third, that the court erred in his manner of examining the witnesses, and particularly the appellant; in peremptorily concluding the case and instructing the jury to find for the plaintiff and assess its damages at an amount named by the court, and refusing all instructions requested by the…

2Cases cited5 opinions

  1. Rack v. Chicago City Railway Co.Illinois Supreme Court · 1898
  2. Louisville, New Albany & Chicago Railway Co. v. CarsonIllinois Supreme Court · 1897
  3. Humiston, Keeling & Co. v. WheelerIllinois Supreme Court · 1898
  4. McDole v. McDoleIllinois Supreme Court · 1883
  5. Casselberry v. ForquerIllinois Supreme Court · 1862

3Cited by40 opinions

  1. In re Mullings Clothing Co.Court of Appeals for the Second Circuit · 1916
  2. Miner v. Fashion Enterprises, Inc.Appellate Court of Illinois · 2003
  3. Wanderer v. Plainfield Carton Corp.Appellate Court of Illinois · 1976
  4. Tennes v. TennesAppellate Court of Illinois · 1943
  5. Thompson v. Fidelity & Casualty Co.Appellate Court of Illinois · 1971

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