Archibald v. Argall
Illinois Supreme Court
Appeal from the Circuit Court of Ford county; the Hon. A. J. Gallagher, Judge, presiding. This was an action of assumpsit, brought by Thomas M. Argall against Alexander Archibald and William Stevenson, partners, to recover for goods, wares and merchandise sold and delivered by the plaintiff to the defendants. A trial resulted in a verdict and judgment for the plaintiff, from which the defendant, Archibald, appealed.
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Appeal from the Circuit Court of Ford county; the Hon. A. J. Gallagher, Judge, presiding. This was an action of assumpsit, brought by Thomas M. Argall against Alexander Archibald and William Stevenson, partners, to recover for goods, wares and merchandise sold and delivered by the plaintiff to the defendants. A trial resulted in a verdict and judgment for the plaintiff, from which the defendant, Archibald, appealed. The opinion of the court contains a statement of the grounds upon which error is assigned.
1Opinion of the CourtJustice Walker
delivered the opinion of the Court .-.It is urged that the court below erred in sustaining the demurrer to appellant’s second special plea. It avers that after the goods were purchased by Alexander Archibald and Stevenson, the former dissolved his connection with the firm, and his brother William took his place and agreed to take his interest in the goods, and pay Alexander’s share of the firm debts, all of which the plaintiff knew, and after such knowledge, took from William the notes described in the first special plea, against the new firm, which notes plaintiff received as collateral to…
2Cases cited2 opinions
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