Pulsifer v. Shepard
Illinois Supreme Court
Appeal from the Circuit Court of Putnam county; the Hon. Samuel L. Richmond, Judge, presiding. ■ This was an action of assumpsit, instituted in the court helow by Thomas W. Shepard against Edward F. Pulsifer.
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Appeal from the Circuit Court of Putnam county; the Hon. Samuel L. Richmond, Judge, presiding. ■ This was an action of assumpsit, instituted in the court helow by Thomas W. Shepard against Edward F. Pulsifer. The alleged cause of action, as set forth in the declaration, is as follows: On the 28th day of September, 1861, the plaintiff delivered to the defendant, at Hennepin, in the county of Putnam, two thousand five hundred and fifty-nine and two fifty-sixths bushels of shelled corn, in order that the defendant might ship the same from Hennepin to Chicago, and there sell and dispose of the…
1Opinion of the CourtChief Justice Walker
It is insisted that the instructions given on behalf of appellee were erroneous. They state the law correctly, so far as it is applicable to the evidence in the cause, and were not calculated to mislead the jury. If appellant received the corn, to be shipped to Chicago, to be sold there, and he was to account for the proceeds of the sale, and the evidence showed that he had failed to account, ■ there could be no doubt of his liability. And it is equally true, that unless the agreement restrained appellee, he had the right to order it to be sold at any time, and appellant, as his bailee, would…
2Cited by8 opinions
- Ladd & Tilton v. MasonOregon Supreme Court · 1882
- Ortman v. KaneIllinois Supreme Court · 1945
- Lindsay v. MathewsSupreme Court of Florida · 1880
- Supreme Tent v. FisherIndiana Court of Appeals · 1910
- Dunbar v. SpringerIllinois Supreme Court · 1912
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