Cadwell v. Meek
Illinois Supreme Court
This suit was commenced in the Fulton Circuit Court, by attachment, to recover $1,758.23, the price of sixty-two head of beef cattle. Declaration in assumpsit, containing the common counts. On the return of the attachment, the defendant below, (appellant in this court) appeared and plead the general issue.
Read the full summary
This suit was commenced in the Fulton Circuit Court, by attachment, to recover $1,758.23, the price of sixty-two head of beef cattle. Declaration in assumpsit, containing the common counts. On the return of the attachment, the defendant below, (appellant in this court) appeared and plead the general issue. The cause was tried at the May term, 1855, Hon. O. C. Skinner, presiding, by a jury; verdict was found for the amount claimed by the plaintiffs below, (appellees in this court.) Motion made for a new trial, and overruled, and judgment rendered on the verdict. The defendant below brings the…
1Opinion of the CourtSoates, C. J.
Ezra Cadwallader was a competent witness to prove his own agency for plaintiff, and the contract he made for him with defendants. This is the general and uniform rule, and well supported by authority. 1 Stark. Ev. 133; Lowber v. Shaw, 5 Mason R. 242; McGumnagle v. Thornton, 10 Serg. and Raw. R. 252; Harvey and Claxton v. Sweasy, 4 Humph. R. 450; Christy v. Smith, 23 Verm't R. 670.
This general rule is subject to qualification. An exception to it will exclude agents, as other witnesses, for an immediate and direct interest in the result of the suit. 1 Stark. Ev. 103 to 120, where the various…
2Cases cited2 opinions
- Emerton v. AndrewsMassachusetts Supreme Judicial Court · 1808
- Sewall v. GibbsThe Superior Court of New York City · 1829
3Cited by12 opinions
- Proctor v. TowsIllinois Supreme Court · 1885
- El Reno Wholesale Grocery Co. v. StockingIllinois Supreme Court · 1920
- Coleman v. ConnollyIllinois Supreme Court · 1909
- Herbert S. Gilbert & Co. v. McGinnisIllinois Supreme Court · 1885
- Jones v. FortSupreme Court of Alabama · 1860
7 more not listed; retrieve them via the Exa API.