Legal Opinion

Watson v. Union Iron & Steel Co.

Appellate Court of Illinois

Decided November 11, 1884PublishedCited by 2 opinions

Error to the Superior Court of Cook county; the Hon. Joseph E. Gary, Judge, presiding. This was an action of assumpsit brought by the Union Iron and Steel Company, a corporation located and having its principal place of business in Chicago, against William Watson, for money had and received. At the time of the transactions in question the plaintiff was engaged in manufacturing iron and steel from ore obtained in part from mines in the Lake Superior region.

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Error to the Superior Court of Cook county; the Hon. Joseph E. Gary, Judge, presiding. This was an action of assumpsit brought by the Union Iron and Steel Company, a corporation located and having its principal place of business in Chicago, against William Watson, for money had and received. At the time of the transactions in question the plaintiff was engaged in manufacturing iron and steel from ore obtained in part from mines in the Lake Superior region. It then, as it appears, owned no mines, but had to some extent obtained leases of mines already in •operation and taken its ore therefrom.…

1Opinion of the CourtBailey, J.

The instruction given to the jury by the court, on his own motion, is, in our opinion, so far erroneous as to necessitate a reversal of the judgment.

The introductory clause of the instruction is obnoxious to grave criticism in that it tends to discredit the instructions given at the instance of the defendant. Eleven instructions were given for the defendant, stating in plain and terse language, and in most of them correctly, the rules of law applicable to the case upon the defendant’s theory as to the facts. Having read these instructions, the court proceeded to read an instruction prepared…

2Cases cited3 opinions

  1. Dennis v. McCaggIllinois Supreme Court · 1863
  2. Casey v. CaseyIllinois Supreme Court · 1852
  3. Ely v. HanfordIllinois Supreme Court · 1872

3Cited by2 opinions

  1. Ray v. WinterAppellate Court of Illinois · 1976
  2. Ray v. WinterAppellate Court of Illinois · 1976

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