Legal Opinion

Chapman v. Burt

Illinois Supreme Court

Decided January 15, 1875PublishedCited by 9 opinions

Appeal from the Circuit Court of Morgan county; the Hon. Cyrus Epler, Judge, presiding. This was an action of assumpsit, brought by Francis G. Burt against William W. Chapman. The declaration contained only the common counts. The suit was originally brought in Scott county, and taken by change of venue to Morgan county. There were two trials had, in the first, the jury being unable to agree.

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Appeal from the Circuit Court of Morgan county; the Hon. Cyrus Epler, Judge, presiding. This was an action of assumpsit, brought by Francis G. Burt against William W. Chapman. The declaration contained only the common counts. The suit was originally brought in Scott county, and taken by change of venue to Morgan county. There were two trials had, in the first, the jury being unable to agree. The second trial resulted in a verdict in favor of the plaintiff for $640.26, upon which the court rendered judgment. The defendant appealed.

1Opinion of the CourtJustice Craig

It appears, from the evidence contained in the record, that appellee placed in appellant’s hands, for collection, a note against the Burees and Gilsons. Appellant brought suit on the note, and recovered a judgment against the five makers of the note. The two Gilsons sold their interest in a mill, in which they were part owners, to their partners, the three Burees, they agreeing to pay the indebtedness of the firm, including appellee's judgment.

From 1859 to April 1st, 1867, appellant and the Burees had a large amount of dealings with each other. On this latter date they had a settlement, when…

2Cases cited1 opinion

  1. Town v. WoodIllinois Supreme Court · 1865

3Cited by9 opinions

  1. Stern v. PeopleIllinois Supreme Court · 1882
  2. Illinois & St. Louis Railroad & Coal Co. v. OgleIllinois Supreme Court · 1879
  3. Young v. KimberSupreme Court of Colorado · 1908
  4. Fish v. SeebergerIllinois Supreme Court · 1894
  5. Schoden v. SchaeferAppellate Court of Illinois · 1913

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