Mester Coal Co. v. Pope
Appellate Court of Illinois
Assumpsit. Appeal from Superior Court of Cook county; the Hon. George A. Duput, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1908. Statement by the Court. This is an action of assumpsit, for coal sold and delivered by plaintiff to the defendant. The amount claimed was $907.96. Plaintiff, under the statute, filed an affidavit of its claim for that amount, with its declaration.
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Assumpsit. Appeal from Superior Court of Cook county; the Hon. George A. Duput, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1908. Statement by the Court. This is an action of assumpsit, for coal sold and delivered by plaintiff to the defendant. The amount claimed was $907.96. Plaintiff, under the statute, filed an affidavit of its claim for that amount, with its declaration. The defendant, also under the statute, filed an affidavit of merits with its plea of general issue. The affidavit of merits contains the statement that “the defendant has a good defense to…
1Opinion of the Court
Mr. Presiding Justice Chytraus
delivered the opinion of the court.
At the conclusion of plaintiff’s brief and argument, the following frank statement of plaintiff’s position appears, with reference to the precise question which plaintiff raises by this appeal:
“In abstracting the testimony of this case no attempt was made to give all the testimony heard by the jury, and a reversal is now urged upon the principle that, regardless of whether the evidence outside this admission would have warranted a reversal, the error of the jury is so clearly shown by the admission that a new trial must be…
2Cases cited6 opinions
- Gray v. JonesIllinois Supreme Court · 1899
- Williams v. BreitungIllinois Supreme Court · 1905
- Thayer, Aldrich & Co. v. FinleyIllinois Supreme Court · 1864
- Carr v. MinerIllinois Supreme Court · 1865
- Frost v. HowardIllinois Supreme Court · 1876
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