Legal Opinion

Cushman v. Hayes

Illinois Supreme Court

Decided September 15, 1867PublishedCited by 11 opinions

Appeal from the Circuit Court of LaSalle county; the Hon. M. E. Hollister, Judge, presiding. This was an action of a'ssumpsit, brought by Henry Hayes against Cushman & Torce, in the Circuit Court of LaSalle county, on the following instrument: “February 9, 1860. “We hereby agree to store ear corn for Henry Hayes till the first of June next, for three cents per bushel; two cents for shelling ■; and receiving 75 pounds and deliver 58 pounds.

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Appeal from the Circuit Court of LaSalle county; the Hon. M. E. Hollister, Judge, presiding. This was an action of a'ssumpsit, brought by Henry Hayes against Cushman & Torce, in the Circuit Court of LaSalle county, on the following instrument: “February 9, 1860. “We hereby agree to store ear corn for Henry Hayes till the first of June next, for three cents per bushel; two cents for shelling ■; and receiving 75 pounds and deliver 58 pounds. If sold before the first of June, we are not to charge for shelling ; if not sold by the first of June, we are to charge per cent, per month till it is…

1Opinion of the CourtChief Justice Breese

On the ninth of February, 1860, Cushman & Torce, appellants, were warehousemen, doing business in Ottawa, in LaSalle county, receiving grain on storage at certain rates per bushel.

On that day they entered into the following contract with Henry Hayes, the appellee;

“ February 9,1860.

We hereby agree to store ear corn for Henry Hayes till the first of June next, for three cents per bushel; two cents for shelling; and receiving 75 pounds and deliver 58 pounds. If sold before the first of June, we are not to charge for shelling ; if not sold by the first of June, we are to charge £ per cent, per…

2Cases cited4 opinions

  1. Stearns v. MarshNew York Supreme Court · 1847
  2. Pribble v. KentIndiana Supreme Court · 1858
  3. Abrams v. PomeroyIllinois Supreme Court · 1851
  4. McDonald v. BrownIllinois Supreme Court · 1854

3Cited by11 opinions

  1. Knapp, Stout & Co. v. McCaffreySupreme Court of the United States · 1900
  2. Furness v. Union National BankIllinois Supreme Court · 1893
  3. Knapp, Stout & Co. Co. v. McCaffreyIllinois Supreme Court · 1899
  4. McDowell v. Chicago Steel WorksIllinois Supreme Court · 1888
  5. Cooper v. LawrenceAppellate Court of Illinois · 1917

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