Carpenter v. Ambroson
Illinois Supreme Court
This was an action of assumpsit, commenced before a justice of the peace, brought by appellee against appellant. Judgment was rendered, in favor of plaintiff, for fifty-two dollars and two cents, and costs of suit, and the suit taken to the County Court of McHenry county by appeal, and the cause coming on to be heard, the plaintiff called, as a witness, Ambrose Ambroson, who testified that he was a son of plaintiff; that the spring after Daniel Carpenter went to California,…
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This was an action of assumpsit, commenced before a justice of the peace, brought by appellee against appellant. Judgment was rendered, in favor of plaintiff, for fifty-two dollars and two cents, and costs of suit, and the suit taken to the County Court of McHenry county by appeal, and the cause coming on to be heard, the plaintiff called, as a witness, Ambrose Ambroson, who testified that he was a son of plaintiff; that the spring after Daniel Carpenter went to California, plaintiff sold defendant a yoke of steers for $28. Plaintiff said he would sell the steers cheap if defendant would…
1Opinion of the CourtWalker, J.
The first assignment of error questions the correctness of the decision of the court below, in refusing to permit the witness Daniel Carpenter to answer this question: “ What arrangement was made between the plaintiff and yourself, at or before the time you started for California, about the note you held against him ?” This question is objectionable in form, as it assumes that some arrangement had been made when none had been shown. It does not appear that any arrangement which might have been made by them had any relevancy to the issue the jury were then trying. If it was to show the agency…
2Cited by1 opinion
- Tolman v. RaceIllinois Supreme Court · 1865