Sullivan v. Dollins
Illinois Supreme Court
This was an action of assumpsit, brought by Sullivan, for the use of Carr, against Dollins, in the Franklin Circuit Court, to recover the amount of a note given by Dollins to Sullivan. The cause was tried before Denning, Judge, and a jury at April term, 1849, and resulted in a verdict and judgment for the defendant. Defendant pleaded, First.
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This was an action of assumpsit, brought by Sullivan, for the use of Carr, against Dollins, in the Franklin Circuit Court, to recover the amount of a note given by Dollins to Sullivan. The cause was tried before Denning, Judge, and a jury at April term, 1849, and resulted in a verdict and judgment for the defendant. Defendant pleaded, First. That if he executed the note, it was by, and under the influence of the fraud and misrepresentation of plaintiff, in this, that the consideration of the note was a certain stallion horse, which plaintiff represented to be of the stock and blood of the…
1Opinion of the CourtTrumbull, J.
It is manifest, from the whole record in this case, that the consideration of the note sued on was a stallion of the Leviathan stock, together with certificates of respectable men in Tennessee proving the pedigree of the horse, which were to be furnished before the then next season. The evidence is somewhat loose as to the blood of the horse, and the failure to furnish the certificates; but the jury were clearly warranted to infer from it, that the certificates were never furnished, and that the horse was not of the blood represented. They might, without a manifest disregard of the evidence,…
2Cases cited1 opinion
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