Legal Opinion

Franklin v. McDonald

Illinois Supreme Court

Decided November 9, 1896PublishedCited by 2 opinions

Appeal from the Appellate Court for the First District;—heard in that court on writ of error to the Superior Court of Cook county; the Hon. William G. Ewing, Judge, presiding. This cause was brought before this court at a former term, but was dismissed for want of jurisdiction.

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Appeal from the Appellate Court for the First District;—heard in that court on writ of error to the Superior Court of Cook county; the Hon. William G. Ewing, Judge, presiding. This cause was brought before this court at a former term, but was dismissed for want of jurisdiction. (Franklin v. Loan and Investment Co. of North America, 152 Ill. 345.) A writ of error was thereafter sued out of the Appellate Court for the First District, and there the decree of the Superior Court of Cook county was affirmed. In disposing of the case the Appellate Court filed the following opinion: “Gary, J.: The…

1Opinion of the CourtJustice Baker

There was no error in the judgment of the Appellate Court affirming the decree of the Superior Court. The question whether the loan and investment company had notice of the written order signed by McDonald and addressed to it, directing it to pay to appellant the moneys due on the loan, and the further question whether appellee had any notice otherwise that such moneys were so to be paid, were both controverted questions of fact at the hearing. The evidence of the witnesses upon these questions was conflicting and wholly irreconcilable. It was simply a matter of the credibility of witnesses…

2Cases cited2 opinions

  1. Coari v. OlsenIllinois Supreme Court · 1878
  2. McLaurie v. ThomasIllinois Supreme Court · 1866

3Cited by2 opinions

  1. Spindler v. Iowa & O. S. L. R. Co.Supreme Court of Iowa · 1915
  2. Young v. AustinAppellate Court of Illinois · 1902

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