Legal Opinion

Doan, King & Co. v. Duncan

Illinois Supreme Court

Decided December 15, 1856PublishedCited by 2 opinions

This was an action of assumpsit, brought in the Morgan Circuit Court, to recover for a bill of merchandise, amounting to $305.62. Plea, non-assumpsit; verdict and judgment for defendant in the court below. A new trial was-refused. See opinion for a statement of the case.

1Opinion of the CourtSkinner, J.

This was an action of assumpsit, for goods sold and delivered; verdict for the defendant, and motion for a new trial overruled.

The evidence shows that, in July, 1854, one Clarkson purchased of the plaintiffs, who were wholesale merchants of St. Louis, Missouri, on account of the defendant, who was a country merchant of Waverly, Illinois, a bill of goods, and appropriated the same to his own use.

The plaintiffs seek to recover from the defendant the price of the goods, on the ground that Clarkson was authorized by the defendant to purchase them for him.

The proof establishes that Clarkson came…

2Cited by2 opinions

  1. Ricker Nat. Bank v. StoneSupreme Court of Oklahoma · 1908
  2. Ruppe v. EdwardsMichigan Supreme Court · 1884

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