Hovey v. Robert Thompson & Co.
Illinois Supreme Court
Writ oe Error to the Circuit Court of McLean county; the Hon. Charles Emerson, Judge, presiding. This was an action of assumpsit instituted in the court below by Robert Thompson & Co., against Charles E. Hovey, to recover for goods, wares and merchandise sold and delivered. It appears the plaintiffs, Thompson & Company, were merchants, doing business at Bloomington, in this State.
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Writ oe Error to the Circuit Court of McLean county; the Hon. Charles Emerson, Judge, presiding. This was an action of assumpsit instituted in the court below by Robert Thompson & Co., against Charles E. Hovey, to recover for goods, wares and merchandise sold and delivered. It appears the plaintiffs, Thompson & Company, were merchants, doing business at Bloomington, in this State. The goods sued for were sold and delivered to one Thomas H. Soper, but, as the plaintiffs allege, at the request and upon the credit of the defendant, Hovey. Soper, it seems, was a contractor in the erection of the…
1Opinion of the CourtChief Justice Walker
The giving of the first and second instructions for plaintiff below is assigned as error. They are these—1st, The court instructs the jury that they add up the pass books to ascertain the amount thereof; and 2d, If the jury believe, from the evidence, that the goods in question were sold on the credit of O. E. Hovey, by his arrangement, they will find for the plaintiffs. These instructions, we think, were calculated to mislead the jury. The first only requires them to add up the pass books to find the amount of goods charged upon them. The jury might have understood the instruction as…
2Cited by3 opinions
- Wilson v. PeopleSupreme Court of Colorado · 1938
- Allemania Insurance v. LittleAppellate Court of Illinois · 1886
- Goodmanson v. RosensteinAppellate Court of Illinois · 1908