Reports of Cases Decided in the Appellate Courts of the State of Illinois, Volume 29Callaghan., 1892 |
Autres éditions - Tout afficher
Expressions et termes fréquents
action Adams County agent agreement alleged amount appears appellant appellant's appellee assignment assumpsit attorney averred bank bill cause remanded charge chattel Circuit Court claim complainant contract County Court court erred court of equity creditors damages debt debtor declaration decree defendant in error demurrer equity evidence execution fact finding fraud fraudulent GEORGE W given injury instructs the jury intention intoxicating issue John Judge Judgment affirmed Kilkeary L. B. Cockern land lant liable matter McLean County ment Messrs mill mortgage negligence November 23 objection Opinion filed November owner paid parties partner partnership payment person plaintiff in error plea possession presiding promise promissory note proof purchase question reason received recover refused rendered replevin Reversed and remanded rule Sangamon County September 21 sold spark arrester statute suit sustained testified testimony therein tion trial verdict wife witnesses
Fréquemment cités
Page 166 - Their rights in such cases do not depend upon the actual title or authority of the party with whom they deal directly, but are derived from the act of the real owner, which precludes him from disputing, as against them, the existence of the title or power which, through negligence or mistaken confidence he caused or allowed to appear to be vested in the party making the conveyance.
Page 125 - And be it further enacted, that every will shall be construed, with reference to the real estate and personal estate comprised in it, to speak and take effect as if it had been executed immediately before the death of the testator, unless a contrary intention shall appear by the will.
Page 171 - A subsequent statute revising the whole subject-matter of a former one, and evidently intended as a substitute for it, although it contains no express words to that effect, must on principles of law, as well as in reason and common sense, operate to repeal the former.
Page 246 - Ij conceded to be the law, that "when one by his words or conduct wilfully causes another to believe the existence of a certain state of things and induces him to act on that belief, so as to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time.
Page 500 - If the defendant's negligence concurred with some other event, other than the plaintiff's fault, to produce the plaintiff's injury, so that it clearly appears that but for such negligence the injury would not have happened, and both circumstances are closely connected with the injury in the order of events, the defendant is responsible, even though his negligent act was not the nearest cause in the order of time ": Shearman and Redfield on Negligence, 10; see also Burrell Township v.
Page 407 - We know, according to the ordinary course of business, that insurance agents frequently have clerks to assist them ; and that they could not transact their business if obliged to attend to all the details in person, and these clerks can bind their principals in any of the business which they are authorized to transact.
Page 248 - But the rule of law is clear, that, where one by his words or conduct wilfully causes another to believe the existence of a certain state of things, and induces him to act on that belief, so as to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time."* In Freeman v.
Page 247 - There must be some degree of turpitude In the conduct of a party before a court of equity will estop him from the assertion of his title; the effect of the estoppel being to forfeit his property, and transfer Its enjoyment to another.
Page 565 - Every railroad corporation shall cause its passenger trains to stop upon its arrival at each station advertised by such corporation as a place for receiving and discharging passengers, upon and from such trains, a sufficient length of time to receive and let off such passengers with safety : Provided, All regular passenger trains shall stop a sufficient length of time at the railroad station of county seats, to receive and let off passengers with safety...
Page 392 - If the wrong grows out of contract relations, and the real injury consists in the nonperformance of a contract into which the party wronged has entered with an infant, the law will not permit the former to enforce the contract indirectly by counting on the infant's neglect to perform it, or omission of duty under it as a tort.