McIntyer v. Houseman
Appellate Court of Illinois
Assumpsit, for services. Error to the Circuit Court of Cook County; the Hon. Elbridge Hanect, Judge, presiding. Heard in this court at the March term, 1901. Statement. — Defendant in error, while a member of the law firm of Cowen & Houseman, composed of defendant in error and Israel Cowen, Esq., engaged the plaintiff in error, who is a practicing physician, to examine a client of the firm of Cowen & Houseman for the purpose of enabling plaintiff in error to testify as an…
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Assumpsit, for services. Error to the Circuit Court of Cook County; the Hon. Elbridge Hanect, Judge, presiding. Heard in this court at the March term, 1901. Statement. — Defendant in error, while a member of the law firm of Cowen & Houseman, composed of defendant in error and Israel Cowen, Esq., engaged the plaintiff in error, who is a practicing physician, to examine a client of the firm of Cowen & Houseman for the purpose of enabling plaintiff in error to testify as an expert to certain physical injuries of the client in a prospective law suit. Plaintiff in error sued defendant in error for…
1Opinion of the CourtJustice Sears
The only question presented upon this appeal is as to the propriety of the instruction peremptorily directing a verdict for defendant in error.
The instruction was evidently given upon the theory that the liability for the services rendered by plaintiff in error was a copartnership liability resting upon defendant in error and Mr. Cowen, and that the suit should have been brought against both.
But there was evidence, not only tending to establish, but establishing, that the engagement of plaintiff in error was the personal undertaking of defendant in error.
The positive admission of the…
2Cases cited5 opinions
- Funk v. BabbittIllinois Supreme Court · 1895
- Watt v. KirbyIllinois Supreme Court · 1853
- Sylvester v. SmithMassachusetts Supreme Judicial Court · 1812
- Stecker v. SmithMichigan Supreme Court · 1881
- Pond v. . StarkweatherNew York Court of Appeals · 1885
3Cited by2 opinions
- Bloom v. McPhee & McGinnity Co.Colorado Court of Appeals · 1914
- Bloom v. McPhee & McGinnity Co.Colorado Court of Appeals · 1914