Daniels v. Osborn
| Decision Date | 30 September 1873 |
| Citation | 71 Ill. 169,1873 WL 8707 |
| Parties | WILLIAM Y. DANIELSv.CHARLES R. OSBORN et al. |
| Court | Illinois Supreme Court |
OPINION TEXT STARTS HERE
APPEAL from the Superior Court of Cook county; the Hon. WILLIAM A. PORTER, Judge, presiding.
This was an action of assumpsit, by the appellees against the appellant, for the price of goods sold and delivered. A trial was had, in which the plaintiffs recovered. Messrs. STORRS & JAMIESON, for the appellant.
This was assumpsit, for goods sold and delivered. The general issue was pleaded. It appears, by the showing of the plaintiffs below, that the goods sold and in question were not to be paid for until the 9th day of October, 1872, yet this suit was commenced on the 11th day of July, 1872, before the credit expired. It was prematurely brought, and the judgment must be reversed and cause remanded.
Judgment reversed.
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...companies the action was premature, the losses by the terms of the policies not being due: Nickerson v. Babcock, 29 Ill. 497; Daniels v. Osborn, 71 Ill. 169. That the policies were void on account of concealment of facts material to the risk: Day v. Charter Oak Ins. Co. 4 Benn. Ins. Cas. 72......
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Bacon v. Schepflin
...of the debt at the beginning of the suit can be pleaded as a bar thereto, and therefore can be proven under the general issue. In Daniels v. Osborn, 71 Ill. 169, the action was assumpsit by the appellees against the appellant for the price of goods sold and delivered, and we there said: ‘Th......
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Collins v. Montemy
...demand maturing after that time could be given in evidence: Rev. Stat. 1874, 640, § 17; Feazle v. Simpson et al. 1 Scam. 30; Daniels v. Osborn et al. 71 Ill. 169. Plaintiff must show an indebtedness existing at the time of bringing suit: Hamlin et al. v. Race, 78 Ill. 422; McCoy v. Babcock,......
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Mccoy v. Babcock
...contended that the suit was prematurely brought, the notes not being due, and cited Hamlin et al. v. Race, 78 Ill. 422; Daniels v. Osborn, 71 Ill. 169. That this objection could be made under the general issue, in a suit brought by appeal from a justice court: Minard v. Lawlor, 26 Ill. 302;......