Babcock v. Trice
Illinois Supreme Court
This cause was tried at November term, 1856, of the Warren Circuit Court, Thompson, Judge, -presiding. There was a verdict and judgment for the appellee. A motion for a new trial was denied. The opinion of the court furnishes a statement of the case.
1Opinion of the CourtSkinner, J.
Trice sued Babcock and declared in indebitatus assumpsit for corn sold and delivered. Babcock pleaded the general issue and a special plea of set-off, for money had and received, etc. Babcock proved a special contract for the ■sale and the delivery of the corn, at a warehouse upon a railroad, in sacks, at fifty cents -per bushel; and proved that some of the corn, when delivered at the warehouse, was in a damaged •condition and of less value than sound merchantable corn. The corn was delivered through a warehouseman and it did ■not appear that Babcock had seen, or knew the condition of the…
2Cited by32 opinions
- Underwood v. WolfIllinois Supreme Court · 1890
- Doane v. DunhamIllinois Supreme Court · 1872
- Bunch v. WeilSupreme Court of Arkansas · 1904
- Morse v. MooreSupreme Judicial Court of Maine · 1891
- Murchie v. CornellMassachusetts Supreme Judicial Court · 1891
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