Porter v. Curry
Illinois Supreme Court
Appeal from the Circuit Court of Adams county; the Hon. Joseph Sibley, Judge, presiding. This was an action of assumpsit, brought in the court below by Porter against Curry and Majors, as partners, for the balance of the price of a mare, claimed to have been sold by the plaintiff to the defendants. Curry alone was served with process, and he pleaded non assumpsit. A trial resulted in a verdict and judgment for the defendant. The plaintiff thereupon appealed.
1Opinion of the CourtJustice Lawrence
Curry and Majors were partners in the manufacture of wagons, and in August, 1867, sold a wagon to Porter, the appellant, for $110, for which he gave his note. Soon after-wards, Porter, by an arrangement with Majors, sold the latter a mare for $200, and received therefor his own note, and one executed by Majors for $90. Porter swears, however, that Majors claimed to be purchasing the horse for the use of the firm, and on the credit of the firm, and that he himself supposed he was taking the firm note, instead of the individual note of Majors, and, not being able to read, did not discover his…
2Cited by3 opinions
- Guthiel v. GilmerUtah Supreme Court · 1904
- Murphy v. N. H. Warren & Co.Nebraska Supreme Court · 1898
- Owen v. UdallNebraska Supreme Court · 1894