Laswell v. Robbins
Illinois Supreme Court
Writ oe Error to the Circuit Court of Sangamon county; the Hon. E. Y. Rice, Judge, presiding. Robbins originally filed his bill in the Sangamon Circuit Court, alleging a partnership, under written agreement, and its extension by parol, and praying a settlement. Laswell denied both allegations, and the court below, on the evidence, decided both in favor of Robbins, and rendered a decree against him for $411.83, that being the sum ascertained by the report of Hr.
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Writ oe Error to the Circuit Court of Sangamon county; the Hon. E. Y. Rice, Judge, presiding. Robbins originally filed his bill in the Sangamon Circuit Court, alleging a partnership, under written agreement, and its extension by parol, and praying a settlement. Laswell denied both allegations, and the court below, on the evidence, decided both in favor of Robbins, and rendered a decree against him for $411.83, that being the sum ascertained by the report of Hr. Campbell, master. Robbins appealed. The action of the court below was sustained, except as to the amount found to be due. For the…
1Opinion of the CourtChief Justice Walker
This record presents the question whether the account as stated between the parties is, correct, and whether the master should have heard other and further evidence than that in the record at the time the reference was made. On examining the evidence in the case, we are satisfied that the master has, in stating the account, inadvertently allowed items against plaintiff in error a second time. So far as we can see, the two charges against plaintiff in error for ninety-five dollars paid to Francis Day are one and the same transaction. His deposition was twice taken. In the first, he says, that…
2Cited by6 opinions
- Smith v. KnightSupreme Court of Iowa · 1893
- Garrett v. Morris & Co.Supreme Court of Georgia · 1898
- Steere v. HoaglandIllinois Supreme Court · 1869
- McConnell v. StubbsSupreme Court of Georgia · 1906
- Cox v. PierceAppellate Court of Illinois · 1886
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