Howard v. McDonald
Illinois Supreme Court
Appeal from the Circuit Court of DuPage county ; the Hon. Isaac G. Wilson, Judge, presiding. This was an action of assumpsit, brought by McDonald, Laughlin & Co., appellees, against. Charles K. W. Howard, appellant, in the Circuit Court of DuPage county, to recover the value of a threshing machine.
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Appeal from the Circuit Court of DuPage county ; the Hon. Isaac G. Wilson, Judge, presiding. This was an action of assumpsit, brought by McDonald, Laughlin & Co., appellees, against. Charles K. W. Howard, appellant, in the Circuit Court of DuPage county, to recover the value of a threshing machine. At the March term, 1865, the cause was tried, and the jury found a verdict for the plaintiffs, and assessed their damages at $400. A motion for a new trial was overruled, and judgment rendered upon the verdict. The case was brought to this court by appeal. The facts sufficiently appear from the…
1Opinion of the CourtChief Justice Breese
This was an action of assumpsit, for the.price of a threshing machine, sold and delivered by plaintiffs to the defendant, as claimed.
The defence was, that the machine was not purchased for the defendant; or on his responsibility, but by his son, and on his individual responsibility.
Much testimony was had on the point, including that of the son, and we think the weight of it preponderates in favor of the verdict. We do not clearly see how the jury could have found otherwise.
It is objected by the plaintiff in error, that the court improperly instructed the jury, by telling them, if they…
2Cited by3 opinions
- The People v. ChurchIllinois Supreme Court · 1937
- Beedle v. PeopleIllinois Supreme Court · 1903
- Machette v. WanlessSupreme Court of Colorado · 1873