Legal Opinion

Bannister v. Read

Illinois Supreme Court

Decided December 15, 1844PublishedCited by 5 opinions

Assumpsit in the Randolph Circuit Court, brought by the appellees against the appellant, and heard before the Hon. James Shields and a jury, September term 1844. Verdict for the plaintiffs below for $475.

1Opinion of the Court

The Opinion of the Court was delivered by

Thomas, J.*

The plaintiffs below, Read and Brown, sued the defendant in assumpsit. The declaration contained only the common counts, for work and labor done, materials furnished, goods, &c. sold and delivered, and for money lent, had and received, paid, and found due on account stated between the parties. The defendants pleaded, — 1. Nonassumpsit — 2. Payment — 3. A set off for the use and occupation of a messuage, and premises of the defendant, occupied by the plaintiffs by defendant’s permission, and for the work and labor of the defendant, &c. &c. —…

2Cases cited2 opinions

  1. Gillet v. MaynardNew York Supreme Court · 1809
  2. Weaver v. BentleyNew York Supreme Court · 1803

3Cited by5 opinions

  1. Barquin v. Hall Oil Co.Wyoming Supreme Court · 1921
  2. West v. BechtelMichigan Supreme Court · 1900
  3. Carhal Factors, Inc. v. SalkindSupreme Court of New Jersey · 1950
  4. Mor-Wood Contractors, Inc. v. OttingerAppellate Court of Illinois · 1990
  5. McKenna v. McKennaAppellate Court of Illinois · 1905

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