Merwin v. Arbuckle
Illinois Supreme Court
Writ of Ebrob to the Circuit Court of McLean county; the Hon. Thomas F. Tipton, Judge, presiding. This was an action on the case, by Alexander Arbuckle against Asher Merwin, for fraud and deceit in the sale of Missouri land. The plaintiff recovered in the court below.
1Opinion of the CourtJustice Walker
The evidence in this case is conflicting, and it was for the jury to reconcile it, and find according to its weight, under proper instructions, and it was such a case as required that the law should have been clearly and fairly stated to the jury in the instructions.
Plaintiff in error insists that the court committed manifest error in giving the instruction for defendant in error. He insists that the instruction ignores the scienter in a false representation to malee it fraudulent. A careful examination of the instruction, we think, fails to disclose any ground for the criticism. The jury are…
2Cases cited4 opinions
- Hiner v. RichterIllinois Supreme Court · 1869
- Mitchell v. McDougallIllinois Supreme Court · 1872
- Wheeler v. RandallIllinois Supreme Court · 1868
- Banta v. PalmerIllinois Supreme Court · 1868
3Cited by32 opinions
- Mother Earth, Ltd. v. Strawberry Camel, Ltd.Appellate Court of Illinois · 1979
- Davis v. Central Land Co.Supreme Court of Iowa · 1913
- Schagun v. Scott Mfg. Co.Court of Appeals for the Eighth Circuit · 1908
- Struve v. TatgeIllinois Supreme Court · 1918
- Forsyth v. VehmeyerIllinois Supreme Court · 1898
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