Knight v. St. Louis, Iron Mountain & Southern Railway Co.
Illinois Supreme Court
Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Superior Court of Cook county; the Hon. Elliott Anthony, Judge, presiding. This action was brought by appellants, against appellee, in the Superior Court of Cook county, on the 21st day of September, 1888. The declaration is in assumpsit, with one special count and certain of the common counts.
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Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Superior Court of Cook county; the Hon. Elliott Anthony, Judge, presiding. This action was brought by appellants, against appellee, in the Superior Court of Cook county, on the 21st day of September, 1888. The declaration is in assumpsit, with one special count and certain of the common counts. The cause of action is set up in the special count substantially as follows: It alleges that on the 5th day of December, 1879, one G. T. Potter delivered to the defendant, a common carrier, at Texarkana,…
1Opinion of the CourtJustice Wilkin
The Superior Court held, on a proposition of law submitted by the defendant, that under the pleadings and evidence in the case the plaintiffs could not recover. On this ruling the question is raised whether or not the plaintiffs show, by their declaration, such a cause of action as, under the law, they can maintain in their own names. It is useless to cite authorities in support of the proposition that they can not sue on the bills of lading, except in the name of the assignor for their use. Such is the settled law of this State. All agree that bills like these are but choses in action, not…
2Cases cited1 opinion
- St. Louis & Iron Mountain Railroad v. LarnedIllinois Supreme Court · 1882
3Cited by23 opinions
- Whalen v. GordonCourt of Appeals for the Eighth Circuit · 1899
- Economy Fuse & Mfg. Co. v. Raymond Concrete Pile Co.Court of Appeals for the Seventh Circuit · 1940
- Indian Territory Illuminating Oil Co. v. RosamondSupreme Court of Oklahoma · 1941
- Cooper v. United Development Co.Appellate Court of Illinois · 1984
- Jackson v. AndersonIllinois Supreme Court · 1934
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