Rothermel v. Bell & Zoller Coal Co.
Appellate Court of Illinois
Assumpsit.—Trial in the Circuit Court of Cook County on appeal from a justice of the peace; the Hon. Abner Smith, Judge, presiding. Finding and judgment for plaintiff. Appeal by defendant.
1Opinion of the Court
Mr. Presiding Justice Windes
delivered the opinion of the court.
The finding of the court not being against the clear preponderance of the evidence, the judgment must stand, unless there was some error of law, as to which no question is made, except on the statute of frauds. It is contended that the statute of frauds prevents a recovery in this case, because the debt which appellant promised to pay was that of the transportation company—that his promise was not an original undertaking. This contention can not prevail. We have seen that the assets of the company were transferred to appellant.…
2Cases cited3 opinions
- Eddy v. RobertsIllinois Supreme Court · 1856
- Wilson v. BevansIllinois Supreme Court · 1871
- Meyer v. HartmanIllinois Supreme Court · 1874
3Cited by4 opinions
- Sherrard State Bank ex rel. Moberg v. VernonAppellate Court of Illinois · 1926
- Bethlehem Iron Co. v. HoadleyU.S. Circuit Court for the District of Rhode Island · 1907
- Ruehle v. MonteliusAppellate Court of Illinois · 1909
- McIntire v. SchifferSupreme Court of Colorado · 1903