Kantzler v. Bensinger
Illinois Supreme Court
Appear from the Appellate Court for the First District;— heard in that court on appeal from the Circuit Court of Cook county; the Hon, Erbridge HanEcy, Judge, presiding. Tills was an action of assumpsit commenced by the plaintiffs, for the use of Frederick M. Kantzler, against the defendants, in the circuit court of Cook county.
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Appear from the Appellate Court for the First District;— heard in that court on appeal from the Circuit Court of Cook county; the Hon, Erbridge HanEcy, Judge, presiding. Tills was an action of assumpsit commenced by the plaintiffs, for the use of Frederick M. Kantzler, against the defendants, in the circuit court of Cook county. A jury was waived and the case was tried before the court and resulted in a finding and judgment in favor of the plaintiffs for the sum of $14,599.43. An appeal was perfected to the Appellate Court for the First District by the defendants, where the judgment was…
1Opinion of the CourtJustice Hand
The Appellate Court having reversed the judgment of the trial court without remanding and without making a finding of facts, it will be presumed in this court that the Appellate Court found the facts the same as the trial court, and that it reversed the case upon questions of law which it deemed could not be cured upon another trial; that is, it held that the facts as found by it and by the trial court were not sufficient, in law, to sustain the cause of action. This court will therefore inquire whether the facts found in the record are sufficient to sustain the cause of action set out in the…
2Cases cited8 opinions
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