Legal Opinion

Ames v. Moir

Illinois Supreme Court

Decided October 31, 1889PublishedCited by 31 opinions

Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Superior Court of Cook county; the Hon. Kirk Hawes, Judge, presiding. The paper in this case is not “other evidence of indebtedness in writing,” within the meaning of the Statute of Limitations. It is not a contract, for want of mutuality.

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Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Superior Court of Cook county; the Hon. Kirk Hawes, Judge, presiding. The paper in this case is not “other evidence of indebtedness in writing,” within the meaning of the Statute of Limitations. It is not a contract, for want of mutuality. Derickson v. Krause, 4 Bradw. 510; Olney v. Howe, 89 Ill. 560; McKinley v. Watkins, 13 id. 142; 1 Parsons on Contracts, (5th ed.) 449, 582; Waggeman v. Bracken, 52 Ill. 469; Railroad Co. v. Johnson, 34 id. 389; Dunning v. Price, 56 id. 338 ; Jassoy v. Horn, 64…

1Opinion of the CourtJustice Craig

This was an action of assumpsit, brought by Bobert Moir & Co., in the Superior Court of Cook county, against Wilson Ames, to recover the price of one hundred barrels of highwines sold by the plaintiffs to the defendant on the 9th day of June, 1870. The action was brought upon a contract in writing, which was as follows:

“Chicago, June 9, 1870.
“I have this day bought of Robert Moir & Co. one hundred (100) barrels highwines, ‘iron bound,’ at one dollar seven cents .($1.07) per proof gallon. The conditions of sale are as follows: The buyer can call from 1st July to 20th of same month by giving…

2Cases cited8 opinions

  1. Plumb v. CampbellIllinois Supreme Court · 1888
  2. Michigan Central Railroad v. PhillipsIllinois Supreme Court · 1871
  3. Canadian Bank of Commerce v. McCreaIllinois Supreme Court · 1882
  4. Charles P. Kellogg & Co. v. TurpieIllinois Supreme Court · 1879
  5. J. Jassoy & Co. v. HornIllinois Supreme Court · 1872

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3Cited by31 opinions

  1. Railway Passenger & Freight Conductors' Mutual Aid & Benefit Ass'n v. LoomisIllinois Supreme Court · 1892
  2. Memory v. NiepertIllinois Supreme Court · 1890
  3. Calo, Inc. v. AMF Pinspotters, Inc.Appellate Court of Illinois · 1961
  4. Wood v. WilliamsIllinois Supreme Court · 1892
  5. Redhead Bros. v. Wyoming Cattle Investment Co.Supreme Court of Iowa · 1905

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