Orne v. Cook
Illinois Supreme Court
"Whit of Error to the Circuit Court of Cook county; the Hon. George Maoterre, Judge, presiding. Orne, the plaintiff in error, claims the existence of this state of facts: that Cook, the defendant, being the owner of the Young America Hotel, in Chicago, leased the house, in the fall of 1854, to Hulme & White, who, desiring to furnish the house for hotel purposes, and not having the means or the credit to enable them to do so themselves, obtained the promise of Cook, their…
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"Whit of Error to the Circuit Court of Cook county; the Hon. George Maoterre, Judge, presiding. Orne, the plaintiff in error, claims the existence of this state of facts: that Cook, the defendant, being the owner of the Young America Hotel, in Chicago, leased the house, in the fall of 1854, to Hulme & White, who, desiring to furnish the house for hotel purposes, and not having the means or the credit to enable them to do so themselves, obtained the promise of Cook, their lessor, to give them the use of his name for the purpose indicated. Soon after obtaining this promise from Cook, Hulme &…
1Opinion of the CourtJustice Walkes
There was no error in refusing to strike the plea of the statute of frauds from the files. If it was insufficient in substance and form, the only means of taking advantage of the defect was by demurrer. If it was sufficient as a plea, it was for the jury, and not the court, to determine whether it was sustained by the evidence. If the court, after the evidence was all heard, were to assume the right to strike out a plea because it was not sustained by the proof, the right of the jury to try issues of fact would be violated, and trial by jury thus terminated. This has never been indulged, and…
2Cited by7 opinions
- Consolidated Coal Co. v. PeersIllinois Supreme Court · 1896
- Johnson v. Freeport & Mississippi River Railway Co.Illinois Supreme Court · 1884
- Barnes v. Northwest Repossession, LLCDistrict Court, N.D. Illinois · 2016
- Firestone Tire & Rubber Co. v. GinsburgIllinois Supreme Court · 1918
- Bemis v. HomerIllinois Supreme Court · 1893
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