May v. Tallman
Illinois Supreme Court
This cause was heard before Hollister, Judge, and a jury, at March term, 1856, of the Bureau Circuit Court. The bill of exceptions states the proof as follows: “ The said plaintiff, to maintain the issue on his part, amongst other things, gave testimony tending to prove that the corn mentioned in the pleadings was sold and delivered by the defendant to plaintiff; and the defendant, on his .part, amongst other, gave in evidence facts tending to prove that said com was not…
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This cause was heard before Hollister, Judge, and a jury, at March term, 1856, of the Bureau Circuit Court. The bill of exceptions states the proof as follows: “ The said plaintiff, to maintain the issue on his part, amongst other things, gave testimony tending to prove that the corn mentioned in the pleadings was sold and delivered by the defendant to plaintiff; and the defendant, on his .part, amongst other, gave in evidence facts tending to prove that said com was not sold and delivered to the plaintiff.”
1Opinion of the CourtCaton, C. J.
This was an action of trover. The evidence tended to show the case supposed in the following instruction, which was given for the plaintiff, and an exception taken: “4th. If the jury believe, that when the plaintiff called upon the defendant for the corn that was to have been received by the plaintiff upon the contract, and the defendant pointed to a crib, and said, there is your corn, take it, and thereupon the plaintiff, after consulting with the witness, Dana, as to whether, in his opinion, there was three hundred bushels, as the contract, if proved, was that the plaintiff was to receive,…
2Cited by10 opinions
- Kohl v. LindleyIllinois Supreme Court · 1866
- Hart v. WingIllinois Supreme Court · 1867
- Jacobson v. PattersonAppellate Court of Illinois · 1914
- Kennedy v. PeopleIllinois Supreme Court · 1866
- Barker v. Livingston County National BankAppellate Court of Illinois · 1889
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