Schwarz v. Schwarz
Illinois Supreme Court
This was an action of assumpsit, commenced by defendant in error, against plaintiff in error. Declaration filed May 14th, 1857. First count—For that whereas the said defendant, heretofore, to wit, on the fourth day of May, A. D. 1857, in Chicago, aforesaid, was indebted to the said plaintiff in the sum of ten thousand dollars, lawful money of the United States, for that on the 14ih day of October, A. D. 1851, in consideration that the plaintiff would enter into the…
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This was an action of assumpsit, commenced by defendant in error, against plaintiff in error. Declaration filed May 14th, 1857. First count—For that whereas the said defendant, heretofore, to wit, on the fourth day of May, A. D. 1857, in Chicago, aforesaid, was indebted to the said plaintiff in the sum of ten thousand dollars, lawful money of the United States, for that on the 14ih day of October, A. D. 1851, in consideration that the plaintiff would enter into the employment of the defendant, as general agent in the management of the business of said defendant, in said Chicago, to wit, in…
1Opinion of the CourtBreese, J.
Veiy many circumstances tending to show what the intention of parties was, in transactions in which they may have been engaged, are often proper for the cqnsideration of a jury. Intents must be inferred from facts and circumstances. The real object and design of parties, quite often, can be reached in no other way. In the absence of express proof of a contract, one may be implied from circumstances. Sometimes very slight circumstances will produce the desired effect upon the minds of a jury—at another time, such is the nature of the controversy, that they must be of a stronger character to…
2Cases cited1 opinion
- Dishon v. SchorrIllinois Supreme Court · 1857
3Cited by6 opinions
- Ryan v. DonnellyIllinois Supreme Court · 1873
- Kiser v. HolladayOregon Supreme Court · 1896
- City of Chicago v. JacksonAppellate Court of Illinois · 1900
- Alfred v. SnyderWest Virginia Supreme Court · 1922
- Beifeld v. PeaseAppellate Court of Illinois · 1902
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