Huston v. Newgass
Appellate Court of Illinois
Assumpsit. Appeal from the Superior Court of Cook county; the Hon. Marcus Kavanagh, Judge, presiding. Statement hy the Court. This is an appeal by the plaintiffs from a judgment for the defendants in an action of assumpsit which was tried by the court without a jury. Plaintiffs were, in 1904, bankers at Blandinsville, Illinois, and defendants then were engaged in selling horses on commission at the Union Stock Yards, Chicago.
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Assumpsit. Appeal from the Superior Court of Cook county; the Hon. Marcus Kavanagh, Judge, presiding. Statement hy the Court. This is an appeal by the plaintiffs from a judgment for the defendants in an action of assumpsit which was tried by the court without a jury. Plaintiffs were, in 1904, bankers at Blandinsville, Illinois, and defendants then were engaged in selling horses on commission at the Union Stock Yards, Chicago. In March of that year, Isaac Grindell went to Blandinsville and engaged in the business of buying-horses in that vicinity and shipping them to the Union Stock Yards to…
1Opinion of the CourtJustice Baker
By the letter of defendants to plaintiffs of April 15, defendants promised plaintiffs to honor drafts drawn by Dainty and Grindell on them, drawn for horses, until further notice. We do not deem it material to determine whether the promise contained in that letter would operate as an acceptance of a draft drawn within its terms, or was a promise to accept such draft. The draft sued on was not drawn by Grindell and Dainty, but by Grindell in the name of Grindell and Dainty after the dissolution of that firm.
Defendants might be willing to promise to honor drafts drawn by Dainty and Grindell,…
2Cases cited3 opinions
- Birch v. De RiveraNew York Supreme Court · 1889
- A. M. Byers & Co. v. Hickman Grain Co.Supreme Court of Iowa · 1900
- First National Bank v. BensleyU.S. Circuit Court for the Northern District of Illnois · 1880