Bingham v. Browning
Illinois Supreme Court
Appeal from the Appellate Court for the First District;—heard iu that court on appeal from the Circuit Court of Cook county; the Hon. E. W. Burke, Judge, presiding. This was a suit in attachment, begun in the circuit court of Cook county by appellant, against appellee. The defendant filed a number of pleas, on which issue was taken, and the cause was submitted for trial to the court without a jury.
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Appeal from the Appellate Court for the First District;—heard iu that court on appeal from the Circuit Court of Cook county; the Hon. E. W. Burke, Judge, presiding. This was a suit in attachment, begun in the circuit court of Cook county by appellant, against appellee. The defendant filed a number of pleas, on which issue was taken, and the cause was submitted for trial to the court without a jury. The court found the issues for the defendant and rendered judgment accordingly, and upon appeal to the Appellate Court the same was affirmed. The parties made the following stipulation, which was…
1Opinion of the CourtJustice Ricks
By the fifth proposition as tendered to and requested of the trial court by the appellant, the court was asked to hold, “as a matter of law, the payment of the sum of $64,585.35 by defendant (appellee) to plaintiff does not constitute a bar to recovery by the plaintiff.” This proposition the court modified, or rather reversed, by striking out the word “not” before the words “constitute a bar,” so that the holding or proposition declared that the payment of said amount did constitute a bar to recovery by the plaintiff. The first question presented under the action of the court is whether it…
2Cases cited4 opinions
- Ostrander v. ScottIllinois Supreme Court · 1896
- McDaniels v. President of the Bank of RutlandSupreme Court of Vermont · 1857
- Farmers' Bank of Amsterdam v. BlairNew York Supreme Court · 1865
- Lapp v. SmithIllinois Supreme Court · 1899
3Cited by19 opinions
- Zamouski v. GerrardAppellate Court of Illinois · 1971
- Knoll v. SwansonAppellate Court of Illinois · 1968
- Jankousky v. Jewel CompaniesAppellate Court of Illinois · 1989
- Davis v. DavisSupreme Court of Oklahoma · 1924
- Kruse v. KuntzAppellate Court of Illinois · 1997
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