Schneider v. Turner
Appellate Court of Illinois
Appeal from the Superior Court of Cook County; the Hon. Joseph E. Gary, Judge, presiding. ' This was an action of assumpsit brought by appellants against appellee to recover damages for the non-performance by the latter of an alleged contract for the sale of certain shares of the stock of the North Chicago City Bail way Company.
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Appeal from the Superior Court of Cook County; the Hon. Joseph E. Gary, Judge, presiding. ' This was an action of assumpsit brought by appellants against appellee to recover damages for the non-performance by the latter of an alleged contract for the sale of certain shares of the stock of the North Chicago City Bail way Company. The declaration originally contained eight counts; but the plaintiffs having dismissed as to' all but the fifth, seventh and eighth counts, those three alone are in question. The fifth count sets out in Tubo verba, the following instrument in writing: Chicago,…
1Opinion of the CourtMcAllister, J.
The ground upon which the insufficiency of the declaration was predicated was, that the instrument set out in the respective counts thereof, was an agreement, a contract, and that it was, upon its face, a contract to give the plaintiffs the option to buy, at a future time, the shares of stock therein mentioned; and that therefore it came directly within the prohibition of Sec. 130 of the Criminal Code, which reads as follows: “Whoever contracts to have or give to himself or another the option to sell or buy at a future time any grain or other commodity, stock of any railroad or other company,…
2Cases cited8 opinions
- Morris v. PeopleCourt for the Trial of Impeachments and Correction of Errors · 1846
- People v. BrooksCourt for the Trial of Impeachments and Correction of Errors · 1845
- Spalding v. HallenbeckNew York Supreme Court · 1859
- Caswell v. AllenNew York Supreme Court · 1810
- Andrews v. PontueNew York Supreme Court · 1840
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3Cited by11 opinions
- Locke v. TowlerAppellate Court of Illinois · 1891
- Corcoran v. Lehigh & Franklin Coal Co.Appellate Court of Illinois · 1891
- Morier v. MoranAppellate Court of Illinois · 1895
- Watte v. CostelloAppellate Court of Illinois · 1891
- Peterson v. CurrierAppellate Court of Illinois · 1896
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