Manistee Lumber Co. v. Union National Bank
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. Elliott Anthony, Judge, presiding. This is an action of assumpsit, begun on January 3, 1890, in the Superior Court of Cook County, by the Union National Bank of Chicago against The Manistee Lumber Company, The State Lumber Company of Michigan, William Wente and B. B. Blacker.
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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. Elliott Anthony, Judge, presiding. This is an action of assumpsit, begun on January 3, 1890, in the Superior Court of Cook County, by the Union National Bank of Chicago against The Manistee Lumber Company, The State Lumber Company of Michigan, William Wente and B. B. Blacker. The declaration as originally filed consisted of the common counts only, including the counts for money lent and advancéd by the plaintiff to the defendants, and for money paid, laid…
1Opinion of the CourtJustice Magruder
We think, that the Appellate Court properly reversed the judgment of the trial court, because of the refusal of the latter court to hold as law the first of plaintiff’s refused propositions. The proper construction of the language of the contract is, that the Bank was to receive the stock at the same time, at which it should make its tender of $11,700.00. The words, “on or before the first day of May, 1889,” qualify the verb, “receive,” as well as the noun, “tender.” The Bank was not only to tender the money .on or before the first day of May, 1889, but was also to receive the stock on or…
2Cases cited3 opinions
- Commercial Insurance v. ScammonIllinois Supreme Court · 1888
- Clark v. WeisIllinois Supreme Court · 1877
- Waterman Appeal from ProbateSupreme Court of Connecticut · 1857
3Cited by29 opinions
- Papke v. G. H. Hammond Co.Illinois Supreme Court · 1901
- City of Aurora Ex Rel. Egan v. Young Men's Christian Ass'nIllinois Supreme Court · 1956
- First National Bank v. Hahnemann Institutions of Chicago, Inc.Illinois Supreme Court · 1934
- Eager v. BerkeIllinois Supreme Court · 1957
- Dean & Son, Ltd. v. W. B. Conkey Co.Appellate Court of Illinois · 1913
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