Reports of Cases Decided in the Appellate Courts of the State of Illinois, Volume 71Callaghan., 1898 |
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Common terms and phrases
action administrator affidavit affirmed agent alleged amount appellant's appellee appellee's Ass'n assignment Assumpsit attorneys for appellant averred Ayers bill cause charge Chicago Circuit Court City claim complainant contract Cook County County Court court of equity creditors damages debt deceased declaration decree deed defendant in error DELIVERED THE OPINION demurrer equity evidence execution executor fact filed September 20 Heard held Illinois injury instruction issue Jacob H Judge judgment June 16 jurisdiction jury JUSTICE La Salle County Lease liable lien matter ment Miller mortgage motion Moultrie County negligence notice Opinion filed September overruled paid parties payment Perisho person petition plaintiff in error plea possession presiding proof question railroad real estate reason record recover refused rendered replevin rule Sarah Clark September 20 sheriff statute suit sustained term testimony thereof tion trial court trustees verdict witnesses writ
Popular passages
Page 508 - Where a known, described, and defined article is ordered of a manufacturer, although it is stated to be required by the purchaser for a particular purpose, still, if the known, defined, and described thing be actually supplied, there is no warranty that it shall answer the particular purpose intended by the buyer.
Page 595 - If a day be appointed for payment of money, or part of it, or for doing any other act, and the day is to happen, or may happen, before the thing which is the consideration of the money, or other act, is to be performed, an action may be brought for the money, or for not doing such other act before performance; for it appears that the party relied upon his remedy, and did not intend to make the performance a condition precedent...
Page 474 - Thirdly, where a known described and defined article is ordered of a manufacturer, although it is stated to be required by the purchaser for a particular purpose, still if the known, described, and defined thing be actually supplied, there is no warranty that it shall answer the particular purpose intended by the buyer.
Page 532 - While the knowledge of an agent is ordinarily to be imputed to the principal, it would appear now to be well established that there is an exception to the construction or imputation of notice from the agent to the principal in case of such conduct by the agent as raises a clear presumption that he would not communicate the fact in controversy, ' as where the communication of such a fact would necessarily Opinion of the Court. prevent the consummation of a fraudulent scheme which the agent was engaged...
Page 589 - On the other hand, if the gift does not take effect as an executed and complete transfer to the donee of possession and title, either legal or equitable, during the life of the donor, it is a testamentary disposition, good only if made and proved as a will.
Page 557 - ... or was prevented from doing it, by fraud or accident, or the act of the opposite party, unmixed with negligence or fault on his part.
Page 678 - ... where the plaintiff in error shall file in the office of the clerk of this court a transcript of the record duly certified to be full and complete...
Page 439 - The earliest statute continues in force unless the two are clearly inconsistent with and repugnant to each other, or unless in the later statute some express notice is taken of the former, plainly indicating an intention to repeal it ; and where two acts are seemingly repugnant, they should, if possible, be so construed that the latter may not operate as a repeal of the former by implication.
Page 535 - The general rule that a principal is bound by the knowledge of his agent is based on the principle of law that it is the agent's duty to communicate to his principal the knowledge which he has respecting the subject matter of negotiation, and the presumption that he will perform that duty.
Page 415 - ... reasonable expense, have been made safe. His assent has dispensed with the performance on the part of the master of the duty to make it so. Having consented to serve in the way and manner in which the business was being conducted, he has no proper ground of complaint, even if reasonable precautions have been neglected.