Ingraham v. Whitmore
Illinois Supreme Court
Appeal from the Superior Court of Cook couuty; the Hon. William A. Porter, Judge, presiding. This was an action of assumpsit brought by Charles O. Whit-more and Charles J. Whitmore, partners, doing business under the name and style of Whitmore & Son, against Granville S. Ingraham, Calvin E. Corbin and Horatio H. May, partners, doing business under the name and style of Ingraham & Co. Whitmore & Son, being residents and doing business as wholesale dealers in sugars in the…
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Appeal from the Superior Court of Cook couuty; the Hon. William A. Porter, Judge, presiding. This was an action of assumpsit brought by Charles O. Whit-more and Charles J. Whitmore, partners, doing business under the name and style of Whitmore & Son, against Granville S. Ingraham, Calvin E. Corbin and Horatio H. May, partners, doing business under the name and style of Ingraham & Co. Whitmore & Son, being residents and doing business as wholesale dealers in sugars in the city of Boston, had employed the house of J. H. Dunham & Co., Chicago, as their brokers and commission merchants, for…
1Opinion of the CourtJustice McAllister
The evidence is wholly insufficient to sustain the verdict upon the count for goods sold and delivered. No actual delivery is pretended. A constructive delivery is relied upon, arising out of the alleged delivery by Dunham & Co., to the defendants, of an order upon the railroad company for twenty-five barrels of sugar. This order, it is said, was upon the Michigan Central R. R. Co. It might as well have been any other company having a freight depot in Chicago, because there is no evidence tending to show that, at the time.the alleged order was given, the company to whom it was directed had…
2Cases cited5 opinions
- Lutz v. LinthicumSupreme Court of the United States · 1834
- Elmendore v. HarrisCourt for the Trial of Impeachments and Correction of Errors · 1840
- Waite v. BarryNew York Supreme Court · 1834
- Daniel v. DanielCourt of Appeals of Kentucky · 1838
- Falconer v. MontgomerySupreme Court of the United States · 1802
3Cited by18 opinions
- Curran v. PhiladelphiaSupreme Court of Pennsylvania · 1919
- Taylor v. Scott, Foresman & Co.Appellate Court of Illinois · 1913
- Aldrich v. AldrichAppellate Court of Illinois · 1931
- Alexander v. CunninghamIllinois Supreme Court · 1884
- City of Carlyle v. Village of BeckemeyerAppellate Court of Illinois · 1927
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