Herbert v. Mueller
Appellate Court of Illinois
Assumpsit.—Tidal in the Circuit Court of Cook County, on appeal from a justice of the peace; the Hon. Richard W. Clifford, Judge, presiding. Finding and judgment for plaintiff; appeal by defendant. Statement by the Court.—This is an appeal from a judgment in favor of appellee and against appellant, for the sum of $45, rendered in the trial court on appeal from a justice of the peace. The cause was tried' by the court, without a jury, by agreement of the parties.
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Assumpsit.—Tidal in the Circuit Court of Cook County, on appeal from a justice of the peace; the Hon. Richard W. Clifford, Judge, presiding. Finding and judgment for plaintiff; appeal by defendant. Statement by the Court.—This is an appeal from a judgment in favor of appellee and against appellant, for the sum of $45, rendered in the trial court on appeal from a justice of the peace. The cause was tried' by the court, without a jury, by agreement of the parties. Appellee testified that he was in the cigar business, and had dealings with Martin B. Herbert for two years, selling him cigars;…
1Opinion of the CourtJustice Adams
The claim of appellee, plaintiffin the trial court, is based solely on his evidence that appellant promised that if he, appellee, would not attach or replevy the cigars, “ she would see that he was paid.” There is no evidence tending in the least to cast suspicion on the dealings between appellant and her husband; her loan to him of the money to purchase the saloon and stock, his purchase of the same in his own name with the money so loaned, his running in debt in the saloon business, and his bill of sale of the saloon and stock to appellant.
Appellant having loaned money to her husband, her…
2Cases cited2 opinions
- Heaps v. DunhamIllinois Supreme Court · 1880
- Rudershausen v. AtwoodAppellate Court of Illinois · 1886
3Cited by1 opinion
- Good v. KrauseAppellate Court of Illinois · 1919