Legal Opinion

Iroquois Furnace Co. v. C. W. Elphicke & Co.

Illinois Supreme Court

Decided December 16, 1902PublishedCited by 9 opinions

Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Elbridge Hanecy, Judge, presiding. This is an action of assumpsit, brought by appellees, C. W. Elphicke & Co., against the appellant, the Iroquois Furnace Company, to recover damages for an alleged breach of contract.

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Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Elbridge Hanecy, Judge, presiding. This is an action of assumpsit, brought by appellees, C. W. Elphicke & Co., against the appellant, the Iroquois Furnace Company, to recover damages for an alleged breach of contract. The contract was in writing, and was executed in February, 1891. The original declaration was filed on September 7, 1892. To the original declaration the plea of general issue was filed. On February 13, 1901, two .additional counts were filed. To…

1Opinion of the CourtChief Justice Magruder

Upon the trial of this case in the circuit court before the court without a jury, the finding and judgment were in favor of the present appellant, the defendant below. Upon appeal to the Appellate Court, that court reversed the judgment in favor of the appellant, and entered an original judgment in favor of the present appellees, who were the plaintiffs below. The judgment of the Appellate Court, after the usual formal recital, was as follows: “Therefore it is considered by the court that for that error and others in the record and proceedings aforesaid, the judgment of the circuit court of…

2Cases cited5 opinions

  1. Fire Ins. Assn., Ltd. v. WickhamSupreme Court of the United States · 1891
  2. Commercial Insurance v. ScammonIllinois Supreme Court · 1888
  3. Chicago & Alton Railroad v. AdlerIllinois Supreme Court · 1870
  4. Brown v. City of AuroraIllinois Supreme Court · 1883
  5. Garfield & Proctor Coal Co. v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1896

3Cited by9 opinions

  1. Diamond Glue Co. v. WietzychowskiIllinois Supreme Court · 1907
  2. Seymour v. O. S. Richardson Fueling Co.Illinois Supreme Court · 1903
  3. Page v. AtkinsSupreme Court of Oklahoma · 1922
  4. Harrison v. ThackaberryAppellate Court of Illinois · 1910
  5. Rosengren v. Manufacturers National BankAppellate Court of Illinois · 1921

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