Legal Opinion

McGeoch v. Hooker

Appellate Court of Illinois

Decided November 29, 1882PublishedCited by 12 opinions

Appeal from the Superior Court of Cook county; the Hon. Elliott Anthony, Judge, presiding.

1Opinion of the CourtWilson, J.

Before considering the main objection to the plaintiff’s right of recovery, it may not be out of place to notice the somewhat novel manner in which the case was tried. The plaintiff was sworn as a witness, and was asked, “ Do the defendants owe you any money?” He answered “They do,” and being asked how much, he said $3,437.31, and that there was no set-off.

The defendants waived a cross-examination and the plaintiff rested. This was the entire case as made by the plaintiff. It is obvious that upon such a showing, the plaintiff was not entitled to recover. In an action of debt or assumpsit, the…

2Cases cited1 opinion

  1. Schmidt v. Peoria Marine & Fire InsuranceIllinois Supreme Court · 1866

3Cited by12 opinions

  1. Thompson v. Laboringman's Mercantile & Manufacturing Co.West Virginia Supreme Court · 1906
  2. Eau Claire Canning Co. v. Western Brokerage Co.Illinois Supreme Court · 1905
  3. Wallace v. Chicago & Erie Stove Co.Appellate Court of Illinois · 1892
  4. Hawkins v. HardingAppellate Court of Illinois · 1891
  5. Midden v. Allstate InsuranceAppellate Court of Illinois · 1955

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