Leggat v. Sands' Ale Brewing Co.
Illinois Supreme Court
Appeal from tbe Superior Court of Cook county; the Hon. Joseph E. Gary, Judge, presiding. This was an action of assumpsit, brought by Sands’ Ale Brewing Company, to recover an unpaid balance upon a note for $2136, given by. John A. Leggat and Alexander J. Leg-gat, upon a purchase of one hundred and fifty barrels of Sands’ stock ale and two dozen brass faucets, of Sands’ Ale Brewing Company, for shipment to Montana, to be there sold by Leggats in the course of their business.
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Appeal from tbe Superior Court of Cook county; the Hon. Joseph E. Gary, Judge, presiding. This was an action of assumpsit, brought by Sands’ Ale Brewing Company, to recover an unpaid balance upon a note for $2136, given by. John A. Leggat and Alexander J. Leg-gat, upon a purchase of one hundred and fifty barrels of Sands’ stock ale and two dozen brass faucets, of Sands’ Ale Brewing Company, for shipment to Montana, to be there sold by Leggats in the course of their business. The declaration contained a special count upon the note, and the usual common counts. The defendants pleaded the…
1Opinion of the CourtJustice ThorNTON
Two questions arise in this case for our consideration:
First — "Whether the proof, offered by appellants, Avas competent under the special plea of partial failure of consideration?
Second — Whether it was competent under the plea of the general issue?
Appellants purchased of appellees, by letter, a quantity of ale, and directed its shipment from Chicago to Montana, for which the note, sued on, was executed.
The only averment in the special plea necessary to be noticed, is to the effect that the ale was warranted, to be reasonably fit for transportation to Montana, and there to be used and sold…
2Cases cited2 opinions
- Richards v. BetzerIllinois Supreme Court · 1870
- Myers v. TurnerIllinois Supreme Court · 1855
3Cited by16 opinions
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- Ledyard v. HibbardMichigan Supreme Court · 1882
- English v. Spokane Com. Co.Court of Appeals for the Ninth Circuit · 1893
- Vaccaro Bros. v. FarrisWest Virginia Supreme Court · 1923
- Currie v. Syndicate Des Cultivators Des Oignons a'FleurAppellate Court of Illinois · 1902
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