Frazer v. Howe
Illinois Supreme Court
Appeal from the Appellate Court for the First District; —heard in that court on appeal from the Superior Court of Cook county; the Hon. Sidney Smith, Judge, presiding. Arthur T. Howe, James B. Ormsby, Mary A. Bovee, and Frederick A. Heath, partners under the firm name “Marble-head Lime Company, ” brought an action of assumpsit, in the Superior Court of Cook county, against E. G. Frazer, for certain quantities of lime which they had sold and delivered to him.
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Appeal from the Appellate Court for the First District; —heard in that court on appeal from the Superior Court of Cook county; the Hon. Sidney Smith, Judge, presiding. Arthur T. Howe, James B. Ormsby, Mary A. Bovee, and Frederick A. Heath, partners under the firm name “Marble-head Lime Company, ” brought an action of assumpsit, in the Superior Court of Cook county, against E. G. Frazer, for certain quantities of lime which they had sold and delivered to him. Frazer, among others, filed the following pleas: “And now comes the defendant, and by leave of the court files this his second fifth…
1Opinion of the CourtJustice Scholfield
The practice of withdrawing the evidence from the jury, although looked upon with disfavor, (Crowley v. Crowley, 80 Ill. 469, and Smith v. Gillett, 50 id. 290,) is nevertheless admissible, and where there is any one essential allegation of a declaration which has no evidence to support it, we have held it is the duty of the court to exclude from the consideration of the jury all the evidence in the case, or to charge the jury that there is no evidence to support the essential allegation, and for want of such proof to find for the defendant. (Poleman v. Johnson, 84 Ill. 269.) Motions to…
2Cases cited9 opinions
- Pennsylvania Co. v. ConlanIllinois Supreme Court · 1881
- Williams v. BemisMassachusetts Supreme Judicial Court · 1871
- William Butcher Steel Works v. AtkinsonIllinois Supreme Court · 1873
- Ray v. YoungTexas Supreme Court · 1855
- Crowley v. CrowleyIllinois Supreme Court · 1875
4 more not listed; retrieve them via the Exa API.
3Cited by69 opinions
- Wintersteen v. National Cooperage & Woodenware Co.Illinois Supreme Court · 1935
- Libby, McNeill & Libby v. CookIllinois Supreme Court · 1906
- Offutt v. World's Columbian ExpositionIllinois Supreme Court · 1898
- Continental Life Insurance v. RogersIllinois Supreme Court · 1887
- Woodman v. Illinois Trust & Savings BankIllinois Supreme Court · 1904
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