Diversy v. Kellogg
Illinois Supreme Court
Appeal from the Superior Court of Chicago; the Hon. Joseph E. G-aby, Judge, presiding. This was an action of assumpsit brought by Ebenetus B. Kellogg, in the Superior Court of Chicago, on the 25th of February, 1864, against Michael Diversy, to recover the price of a pipe of Cologne gin. The declaration contained the common counts. The defendant pleaded the general issue, with notice of recoupment and set-off.
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Appeal from the Superior Court of Chicago; the Hon. Joseph E. G-aby, Judge, presiding. This was an action of assumpsit brought by Ebenetus B. Kellogg, in the Superior Court of Chicago, on the 25th of February, 1864, against Michael Diversy, to recover the price of a pipe of Cologne gin. The declaration contained the common counts. The defendant pleaded the general issue, with notice of recoupment and set-off. On the 4th of September, 1866, a trial was had before the court and a jury. It appeared on the trial, that, on the 29th of September, 1862, one James M. Combs, a traveling agent to…
1Opinion of the CourtChief Justice Walker
It is first insisted that Bose was not, at the time he received the liquor, paid the charges, and gave the receipt in appellant’s name, his agent. The evidence clearly establishes the fact that he was his agent, and had authority to order the liquor in ■September. And whether he was acting as such, or whether his authority had been revoked when he received this consignment, was a question for the determination of the jury. On that question, the evidence was conflicting. He says it had ceased, but others state that he was attending to appellant’s business in closing it up, and he evidently…
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