City of Carlyle v. Carlyle Water, Light & Power Co.
Illinois Supreme Court
Appeal from the Appellate Court for the Fourth District;— heard in that court on appeal from the Circuit Court of Clinton county; the Hon. Amos Watts, Judge, presiding. This was -an action of assumpsit, by appellee, as assignee of the Water, Light and Power Company of St. Louis, Mo., against appellant, to recover damages for a refusal to accept and pay for certain water hydrants. The declaration consisted of one special count and the consolidated common counts.
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Appeal from the Appellate Court for the Fourth District;— heard in that court on appeal from the Circuit Court of Clinton county; the Hon. Amos Watts, Judge, presiding. This was -an action of assumpsit, by appellee, as assignee of the Water, Light and Power Company of St. Louis, Mo., against appellant, to recover damages for a refusal to accept and pay for certain water hydrants. The declaration consisted of one special count and the consolidated common counts. The special count set up a contract by the city of Carlyle with the Water, Light and Power Company of St. Louis, Mo., to furnish it a…
1Opinion of the CourtJustice Wilkin
In natural order, the first legal question presented for our decision is, did the circuit court err in refusing to hold as law applicable to the case, the proposition set out in the foregoing statement of facts. Appellant insists that the contract sued on could not be assigned so as to authorize the assignee to sue. in its own name in a court of law, and if it could, there is in this record no proof that it was assigned. By the express terms of the contract, as evidenced by said city ordinance, it was assignable. The obligation was not upon the St. Louis •company alone, with which the…
2Cases cited1 opinion
- City of East St. Louis v. East St. Louis Gas Light & Coke Co.Illinois Supreme Court · 1881
3Cited by13 opinions
- Saleno v. City of NeoshoSupreme Court of Missouri · 1895
- Roberts v. City of FargoNorth Dakota Supreme Court · 1901
- Farmer v. FowlerIllinois Supreme Court · 1919
- City of Chicago v. GalpinIllinois Supreme Court · 1899
- Townsend v. GregoryAppellate Court of Illinois · 1907
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