Sargent v. Central Warehouse Co.
Appellate Court of Illinois
Appeal from the Circuit Cook of Cook county; the lion. Kirk Hawes, Judge, presiding. This was an action on the casé brought by Samuel C. Sargent against the Central Warehouse Company to recover damages to a car load of flour delivered, to the defendant by Montague and Tohnau, for storage in defendant’s warehouse in the city of Chicago.
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Appeal from the Circuit Cook of Cook county; the lion. Kirk Hawes, Judge, presiding. This was an action on the casé brought by Samuel C. Sargent against the Central Warehouse Company to recover damages to a car load of flour delivered, to the defendant by Montague and Tohnau, for storage in defendant’s warehouse in the city of Chicago. The flour was delivered to the warehouse company December 22, 1881, for which a receipt was given in the words and figures following: “ Chicago, Dec. £2, 1881. Received in warehouse from teams, car No. 534, one hundred and twenty-five barrels flour on account…
1Opinion of the CourtWinsorr, P. J.
After the plaintiff had introduced evidence tending to show a cause of action as set out in his declaration, the court, on motion of the defendant, and against the objection of the plaintiff, excluded all the evidence, took the case from the jury, found the issues for the defendant and rendered a final judgment in bar against the plaintiff, the court being of opinion, as is stated in the bill of exceptions, that the action could not be maintained for want of privity between the parties. The Supreme Court, as well as this court, has held that such a practice is not allowable in this State.…
2Cases cited3 opinions
- Canadian Bank of Commerce v. McCreaIllinois Supreme Court · 1882
- German National Bank v. MeadowcroftIllinois Supreme Court · 1880
- Ware v. NottingerIllinois Supreme Court · 1864
3Cited by4 opinions
- Central Warehouse Co. v. SargeantAppellate Court of Illinois · 1891
- Dolliff v. RobbinsSupreme Court of Minnesota · 1901
- Northrop v. First National BankAppellate Court of Illinois · 1888
- Union National Bank of Muncie v. GriswoldAppellate Court of Illinois · 1908