Gray v. Gillilan
Illinois Supreme Court
This was an appeal from McHenry county. The cause was heard before J. G. Wilson, .Judge, at November term, 1853, of McHenry Circuit Court.
1Opinion of the CourtScates, J.
To an action of assumpsit on a warranty of a reaping machine, plaintiffs pleaded the general issue, and a special plea of a former recovery, under a notice by defendants, in an action for the price of the reaper, by plaintiffs. Defendants replied that they offered no proofs under that notice, and that this cause of action was not investigated and determined in that action. The court held this replication good on demurrer, and plaintiffs abided the demurrer on that plea and replication. The parties went to trial on the general issue. On the trial defendants were permitted to read in evidence,…
2Cases cited4 opinions
- Le Guen v. GouverneurCourt for the Trial of Impeachments and Correction of Errors · 1798
- Loring v. MansfieldMassachusetts Supreme Judicial Court · 1821
- Smith v. WhitingMassachusetts Supreme Judicial Court · 1814
- Howard v. MitchellMassachusetts Supreme Judicial Court · 1817
3Cited by11 opinions
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- Cole v. FavoriteIllinois Supreme Court · 1873
- Hall v. Passaic Water Co.Supreme Court of New Jersey · 1912
- Rubel v. Title Guarantee & Trust Co.Illinois Supreme Court · 1902
- Williams v. WilliamsIllinois Supreme Court · 1914
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