Stow v. Yarwood
Illinois Supreme Court
The agreed case presented to the court shows, that sometime in the year 1840, the defendants here were copartners in carrying on a contract upon the Illinois and Michigan Canal, and that wishing to purchase an engine of twenty horse-power then belonging to one Allen, but which was in the possession of Stow, before purchasing they went to Slow, and inquired if he had any claims against it; he replied that he had not.
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The agreed case presented to the court shows, that sometime in the year 1840, the defendants here were copartners in carrying on a contract upon the Illinois and Michigan Canal, and that wishing to purchase an engine of twenty horse-power then belonging to one Allen, but which was in the possession of Stow, before purchasing they went to Slow, and inquired if he had any claims against it; he replied that he had not. The defendants then purchased of Allen, and entered into contract with defendant, who at that time carried on a foundry in Chicago, to repair and put up said engine, and that…
1Opinion of the CourtTreat, C. J.
This was an action of trover: the plea was the general issue. The evidence showed that the defendant converted to his own use certain property belonging to the plaintiffs, upon which he had previously done work at their instance. If he ever had a lien on account of the work, it was waived before the conversion. The court directed the jury not to take into consideration the claim for work done upon the property; and the propriety of that ruling is the only question in the case. It is clear that the demand was not admissible as a set-off. It arose upon a contract, and the action was founded…
2Cases cited3 opinions
- Saltus & Saltus v. EverettNew York Supreme Court · 1838
- Stearns v. MarshNew York Supreme Court · 1847
- Board v. HeadCourt of Appeals of Kentucky · 1835
3Cited by35 opinions
- Streeter v. StreeterIllinois Supreme Court · 1867
- Keegan v. KinnareIllinois Supreme Court · 1887
- J. C. Lysle Milling Co. v. North Alabama Grocery Co.Supreme Court of Alabama · 1917
- Waterman v. ClarkIllinois Supreme Court · 1875
- McCalla v. ClarkSupreme Court of Georgia · 1875
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