Midland Pacific Railway Co. v. McDermid
Illinois Supreme Court
Appeal from the Superior Court of Cook county; the Hon. Joseph E. Gaby, Judge, presiding. This was an action on the case, brought by plaintiffs, in the Superior Court of Cook county, against the defendant corporations, to recover for a loss they allege they met with from ' making advances in their business, as commission merchants, upon bills of lading issued in the name of the Midland Pacific Railway Company in such form that they would be and were taken to be full or…
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Appeal from the Superior Court of Cook county; the Hon. Joseph E. Gaby, Judge, presiding. This was an action on the case, brought by plaintiffs, in the Superior Court of Cook county, against the defendant corporations, to recover for a loss they allege they met with from ' making advances in their business, as commission merchants, upon bills of lading issued in the name of the Midland Pacific Railway Company in such form that they would be and were taken to be full or average car loads of wheat containing the usual number of pounds or bushels, when, in truth and in fact, they fell very far…
1Opinion of the CourtJustice Scott
Leave was asked by defendants before final judgment to amend their pleas. Under our statute, as construed by the former decisions of this court, the leave asked might, with great propriety, have been granted. Humphrey v. Phillips, 57 Ill. 132; Drake v. Drake, 83 Ill. 528. But it is a matter of no consequence, as the amendment proposed would not essentially aid defendants’ pleas.
The decision of this case depends mainly on the construction that shall be given to that section of the statute that provides for obtaining service of process upon corporations. It is as follows: “An incorporated…
2Cases cited2 opinions
- Mineral Point Railroad v. KeepIllinois Supreme Court · 1859
- Humphrey v. PhillipsIllinois Supreme Court · 1870
3Cited by18 opinions
- Cook Associates, Inc. v. Lexington United Corp.Illinois Supreme Court · 1981
- Booz v. Texas & Pacific Railway Co.Illinois Supreme Court · 1911
- Hannibal & St. Joseph Railroad v. CraneIllinois Supreme Court · 1882
- Edwards v. SchillingerIllinois Supreme Court · 1910
- Aldrich v. Anchor Coal Co.Oregon Supreme Court · 1893
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