Morris v. Jamieson
Illinois Supreme Court
Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon.-Edward P. Vail, Judge, presiding. . May 30, 1896, appellant sued Malcolm M. Jamieson and others, constituting the firm of Jamieson & Co., in the circuit court of Cook county, in assumpsit. The declaration consists of the common counts only, and includes counts on an account stated, a count for interest and a count for money had and received.
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Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon.-Edward P. Vail, Judge, presiding. . May 30, 1896, appellant sued Malcolm M. Jamieson and others, constituting the firm of Jamieson & Co., in the circuit court of Cook county, in assumpsit. The declaration consists of the common counts only, and includes counts on an account stated, a count for interest and a count for money had and received. Defendants pleaded the general issue. At the conclusion of the evidence for the plaintiff, the court,- on motion of the…
1Opinion of the CourtJustice Ricks
The position taken by the appellees, and evidently entertained by the trial and Appellate Courts, is, that the action in question could not be maintained under the common counts, and, there being no evidence that would warrant a verdict and judgment under such counts, the instruction asked was given. If the action could not be had under the common counts, then it is conceded that the instruction should have been given, and to properly determine whether it was necessary that the declaration should contain special counts upon the case or whether the common counts were sufficient, it will be…
2Cases cited21 opinions
- Mumford v. WhitneyNew York Supreme Court · 1836
- J. B. Lyon & Co. v. Culbertson, Blair & Co.Illinois Supreme Court · 1876
- Howell v. MooresIllinois Supreme Court · 1889
- Bristol v. WarnerSupreme Court of Connecticut · 1848
- Town of Royalton v. Royalton & Woodstock Turnpike Co.Supreme Court of Vermont · 1842
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3Cited by12 opinions
- Lawson v. G. D. Searle & Co.Illinois Supreme Court · 1976
- Gerill Corp. v. Jack L. Hargrove Builders, Inc.Illinois Supreme Court · 1989
- Norton v. ClarkIllinois Supreme Court · 1912
- Merchants' Loan & Trust Co. v. EganIllinois Supreme Court · 1906
- Banik v. Bishop-Stoddard Cafeteria Co.Appellate Court of Illinois · 1937
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