Legal Opinion

Reid v. Houston

Appellate Court of Illinois

Decided June 23, 1886PublishedCited by 5 opinions

Appeal from Superior Court of Cook county; the Hon. Joseph E. Gaby, Judge, presiding. Appellants are a wholesale grocery firm. In April, 1884, it was ascertained that a customer of the firm, who owed about fifteen hundred dollars, was embarrassed and was about to have a judgment entered against him, under- which it was feared his whole stock would be sold out and appellants would get nothing of what was due them.

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Appeal from Superior Court of Cook county; the Hon. Joseph E. Gaby, Judge, presiding. Appellants are a wholesale grocery firm. In April, 1884, it was ascertained that a customer of the firm, who owed about fifteen hundred dollars, was embarrassed and was about to have a judgment entered against him, under- which it was feared his whole stock would be sold out and appellants would get nothing of what was due them. One Eckley, the credit manager for appellants, acted for them in making an arrangement to secure the amount of their claim, and, it is claimed by appellee, that the arrangement was…

1Opinion of the CourtMoran, J.

It is contended by appellants’ counsel that theinstruetions given by the court contain error in that two of them do not require the jury to find the facts from the evidence, bxit say simply, “If the jury shall find,” etc., without confining them by the words “ from the evidence.” The instructions in which the omission complained of occur, are so connected as propositions with instructions in which the jury are directed to find from the evidence, that we do not think it possible that the j ury were in any manner misled in that regard. When all the plaintiff’s instructions are considered…

2Cases cited3 opinions

  1. Wolf v. Goodhue Fire InsuranceNew York Supreme Court · 1864
  2. Keaggy v. HiteIllinois Supreme Court · 1850
  3. Tilley v. SpaldingIllinois Supreme Court · 1867

3Cited by5 opinions

  1. Heyman v. HeymanIllinois Supreme Court · 1904
  2. Casey v. VandeventerAppellate Court of Illinois · 1898
  3. People's National Bank v. FernaldAppellate Court of Illinois · 1929
  4. Heyman v. HeymanAppellate Court of Illinois · 1903
  5. Jones v. BatesAppellate Court of Illinois · 1913

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