Henderson-Achert Lithographic Co. v. John Shillito Co.
Ohio Supreme Court
Error to the Superior Court of Cincinnati. The priginal action was brought by the HendersonAchert Lithographic Company, against the John Shillito Company, in the Superior Court of Cincinnati, February 27, 1897, on the following petition: “Plaintiff says that it, and the defendant, are and were at the times named, corporations by the laws of the state of Ohio; that on the 24th day of September, 1889, Belford, Clarke & Company, an Illinois corporation, was indebted to. it in…
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Error to the Superior Court of Cincinnati. The priginal action was brought by the HendersonAchert Lithographic Company, against the John Shillito Company, in the Superior Court of Cincinnati, February 27, 1897, on the following petition: “Plaintiff says that it, and the defendant, are and were at the times named, corporations by the laws of the state of Ohio; that on the 24th day of September, 1889, Belford, Clarke & Company, an Illinois corporation, was indebted to. it in the sum of $2,988.00, and on that day the plaintiff brought suit against said Belford, Clarke & Company, in cause No.…
1Opinion of the CourtWilliams, J.
There appears to have been, at the trial, but one substantial controversy of fact, which was, whether Mr. Dawson, the superintendent of the defendant’s store, had authority to, and did, enter into the agreement set forth in the petition, in behalf of the defendant. The jury’s determination of that controversy adversely to the defendant, though justified by the evidence, is not necessarily decisive of the case, which, as presented here, is reduced to an inquiry into the nature and effect of the agreement so made. The answer admits that the plaintiff, in an action brought by it against Belford,…
2Cases cited5 opinions
- Champion v. BrownNew York Court of Chancery · 1822
- Homer v. Savings BankSupreme Court of Connecticut · 1829
- Jones v. Quinnipiack BankSupreme Court of Connecticut · 1860
- Taylor v. Farmers' BankCourt of Appeals of Kentucky · 1888
- Hoy v. HansboroughMississippi Chancery Courts · 1844