Chicago & Northwestern Railway Co. v. Ingersoll
Illinois Supreme Court
Appeal from the County Court of De Kalb county; the Hon. Luther Lowell, Judge, presiding. The defendant in this case filed an affidavit for a continuance on the ground of the absence of a material witness.
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Appeal from the County Court of De Kalb county; the Hon. Luther Lowell, Judge, presiding. The defendant in this case filed an affidavit for a continuance on the ground of the absence of a material witness. Upon the question of diligence the affidavit showed that shortly after the suit was brought the affiant put the defendant in possession of a knowledge of the plaintiff’s claim so far as the same was known; that affiant believed defendant immediately set to work, through its officers, to trace the cars containing the grain in controversy, and that defendant has since been using ordinary and…
1Opinion of the CourtJustice McAllister
This was an action on the case, in the county court of DeKalb county, by appellees against appellant as common carrier, for breach of duty in not delivering a quantity of wheat and barley shipped by the former, in cars of the latter, at Malta in said county, to be safely and securely carried to Chicago, and delivered to H. S. Eaton, consignee:
The grain was shipped in bulk—the wheat on the sixth and the barley on the seventh of October, 1871. As to the barley, the defense was sought to be made that it was in part brought to Chicago on the seventh, being Saturday, and. on that day delivered by…
2Cited by9 opinions
- House v. BeakIllinois Supreme Court · 1892
- International & Great Northern Railroad v. StartzCourt of Appeals of Texas · 1906
- State v. BowmanSupreme Court of Missouri · 1917
- Harrell v. Enterprise Savings BankIllinois Supreme Court · 1899
- Tiedt v. LarsonSupreme Court of Minnesota · 1928
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