Swartwout v. Evans
Illinois Supreme Court
Appeal from the Superior Court of Chicago. This suit was originally brought by Joseph Evans against Henry L. Swartwout, before a justice of the peace in Cook county, and was removed into the Superior Court of Chicago by appeal. The action was trover, and was instituted for the recovery of damages for the alleged conversion by the defendant of a mowing and reaping machine, claimed to belong to the plaintiff.
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Appeal from the Superior Court of Chicago. This suit was originally brought by Joseph Evans against Henry L. Swartwout, before a justice of the peace in Cook county, and was removed into the Superior Court of Chicago by appeal. The action was trover, and was instituted for the recovery of damages for the alleged conversion by the defendant of a mowing and reaping machine, claimed to belong to the plaintiff. It appears from the testimony as developed on the trial in the Superior Court, that in the year 1839, the plaintiff purchased the machine from one Jones, for $75. About the 1st of July,…
1Opinion of the CourtJustice Lawrence
The evidence in this case shows clearly that the parties owned the reaping machine in common. It is proved that Richard Evans, the son of the plaintiff below, lived with his father, who was old and intemperate, and, in conjunction with his brother Joseph, managed the farm and Ms father’s affairs. Two years before the commencement of this suit, Richard sold to Swartwout, the defendant below, an undivided half of the machine for twenty-five dollars, and received payment, and although Richard says, in his testimony, that his.father was dissatisfied with the bargain, yet, independently of…
2Cases cited1 opinion
- Bell v. ShrieveIllinois Supreme Court · 1853
3Cited by2 opinions
- Person v. WilsonSupreme Court of Minnesota · 1878
- Potter v. NealNew York County Court, Montgomery County · 1880