Redfern v. McNaul
Appellate Court of Illinois
Assumpsit, on the common counts, to recover certain money claimed to have been furnished, etc. Trial in the Circuit Court of Cook County; the Hon. Abner Smith, Judge, presiding. Verdict and judgment for plaintiff. Appeal by defendant.
Read the full summary
Assumpsit, on the common counts, to recover certain money claimed to have been furnished, etc. Trial in the Circuit Court of Cook County; the Hon. Abner Smith, Judge, presiding. Verdict and judgment for plaintiff. Appeal by defendant. Appellee sued appellant in assumpsit on the common counts, to recover certain money claimed to have been furnished by appellee to appellant to purchase a stock of goods for their joint ownership, which appellant failed to purchase, and also failed to return the money to appellee. Appellant pleaded the general issue. A trial before the court and a jury resulted…
1Opinion of the Court
Me. Peesiding Justice Windes
delivered the opinion of the court.
Other errors are assigned, but the only one argued by appellant is the giving of the three instructions for appellee, which alone will be considered.
The statement in the bill of exceptions that the plaintiff tendered evidence tending to support the various hypotheses set forth in the plaintiff’s instructions, and the defendant did likewise as to his instructions, and that the evidence on either side, if believed by the jury, would have warranted a verdict either for the plaintiff or the defendant, justified the giving of…
2Cases cited2 opinions
- Eames v. RendIllinois Supreme Court · 1882
- Plano Manufacturing Co. v. ParmenterAppellate Court of Illinois · 1891