Cottom v. Holliday
Illinois Supreme Court
Writ of Error to the Circuit Court of Perry county; the Hon. Morros C. Crawford, Judge, presiding. This was an action brought by Cottom against Holliday, in which the plaintiff seeks to recover of the defendant, money he claims the latter wrongfully received of him for the purchase money on a tract of land bought by the defendant, as agent of the plaintiff, from one Bitchie, in excess of the actual purchase price.
Read the full summary
Writ of Error to the Circuit Court of Perry county; the Hon. Morros C. Crawford, Judge, presiding. This was an action brought by Cottom against Holliday, in which the plaintiff seeks to recover of the defendant, money he claims the latter wrongfully received of him for the purchase money on a tract of land bought by the defendant, as agent of the plaintiff, from one Bitchie, in excess of the actual purchase price. The questions arising on the record are presented in the opinion of the court.
1Opinion of the CourtJustice Walker
This was an action on the case on promises, brought by plaintiff in error in the Perry circuit court, against defendant in error. The declaration contained the common counts, to which the plea of the general issue was filed. A trial was had by a jury, resulting in a verdict in favor of defendant. The record is brought to this court, and various errors are assigned.
It is urged, that the court below erred in admitting evidence of conversations between defendant and Bitehie, when plaintiff was not present. Such evidence, under the long established rules, is inadmissible. Ho known rule will…
2Cited by19 opinions
- Nebraska Power Co. v. KoenigNebraska Supreme Court · 1913
- Lerk v. McCabeIllinois Supreme Court · 1932
- Boswell & Rose v. CunninghamSupreme Court of Florida · 1893
- Spindler v. KriegerAppellate Court of Illinois · 1975
- Moore v. PinkertAppellate Court of Illinois · 1960
14 more not listed; retrieve them via the Exa API.