Gordon v. Freeman
Illinois Supreme Court
This was an action of debt on account &c.; pleas nil debet and payment. The cause came on to be heard at May term, 1848, before Denning, Judge, and a jury. Verdict and judgment for plaintiff for $175 40. Motion for a new trial denied, and defendant Gordon appealed. Plaintiff below proved his account filed, being for goods, wares and merchandize.
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This was an action of debt on account &c.; pleas nil debet and payment. The cause came on to be heard at May term, 1848, before Denning, Judge, and a jury. Verdict and judgment for plaintiff for $175 40. Motion for a new trial denied, and defendant Gordon appealed. Plaintiff below proved his account filed, being for goods, wares and merchandize. The defendant introduced the following receipt: “ Received of George D. Gordon, the sum of one hundred and eighty-five dollars, in full of all accounts, Cairo, June 10th, 1847. G. A. Koblitz, for G. A. Koblitz & Co.3” which was read to the jury.…
1Opinion of the Court
Opinion by Mr. Justice Trumbull:
Koblitz & Freeman, who had been partners in trade, under the name of G. A. Koblitz & Co., dissolved, and by a written assignment placed tlieir effects in tlie hands of a third person, for the purpose of collecting and paying tlieir debts. Subsequently, the assignee resigned the trust, and by consent of Koblitz placed the effects of the firm in the hands of Freeman, the other partner, who was verbally authorized to act in the place of the first assignee, and collect and pay the debts. After this arrangement, of which Gordon, who owed the firm an account, had…
2Cases cited1 opinion
- Napier v. McLeodNew York Supreme Court · 1832
3Cited by3 opinions
- Heartt v. WalshIllinois Supreme Court · 1874
- Riggen v. Investment Co.Oregon Supreme Court · 1897
- Hansen v. MillerAppellate Court of Illinois · 1892