Legal Opinion

McKinley v. Watkins

Illinois Supreme Court

Decided December 15, 1851PublishedCited by 46 opinions

This action was commenced by Watkins against McKinley before a justice of the peace. Watkins failed to recover on the trial before the justice, and took an appeal to the Circuit Court. At the April term, 1851, of the Logan Circuit Court, the cause was tried before Davis, Justice, and a jury, and resulted in a verdict and judgment for Watkins, and McKinley brought the cause to this court by writ of error.

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This action was commenced by Watkins against McKinley before a justice of the peace. Watkins failed to recover on the trial before the justice, and took an appeal to the Circuit Court. At the April term, 1851, of the Logan Circuit Court, the cause was tried before Davis, Justice, and a jury, and resulted in a verdict and judgment for Watkins, and McKinley brought the cause to this court by writ of error. Watkins and McKinley had traded horses in 1845; after-wards they had some dispute about the trade, and Watkins threatened to sue unless McKinley would give him a horse, or the worth of the…

1Opinion of the CourtTrumbull, J.

This was an action originally commenced before a justice of the peace, and taken by appeal to the Circuit Court, where the plaintiff had judgment for fifty dollars and costs.

The evidence showed that the parties had traded horses; that, a month or two after the trade, the horse which plaintiff got, died, and that he was unsound when the trade took place. There was no evidence of any false representations, or warranty on the part of the defendant in making the trade. After the death of the horse the plaintiff informed the defendant of the fact, and alleged that he was diseased at the time of…

2Cases cited2 opinions

  1. Taylor v. PatrickCourt of Appeals of Kentucky · 1808
  2. Perkins v. GaySupreme Court of Pennsylvania · 1817

3Cited by46 opinions

  1. Morrow v. Southern Express Co.Supreme Court of Georgia · 1897
  2. White v. WalkerIllinois Supreme Court · 1863
  3. Hewett v. CurrierWisconsin Supreme Court · 1885
  4. Jordan v. KnafelAppellate Court of Illinois · 2007
  5. Honeyman v. JarvisIllinois Supreme Court · 1875

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