Sedgwick v. Phillips

Decided April 15, 1859

Illinois Supreme Court · decided 1859-04-15

This was an action of assumpsit, commenced in the Rock Island Circuit Court, by appellant against appellee, at the September term, 1858, of said court. Plaintiff’s declaration contained a special count, for lumber sold and delivered to the defendant, and the common counts for goods sold and delivered, etc. Defendant pleaded the general issue, and filed notice that on trial he would prove an offset of $500. Issue joined.

Good law ✅— No negative treatment on recordhow we know

Decided 1859-04-15

How this case has been cited

Cited by 5 later decisions — most recently October 1894

5 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Breese, J.

¶1The instructions given by the court were not excepted to on the trial, as the record shows, and we cannot therefore now consider their propriety. Leigh v. Hodges, 3 Scam. R. 17 ; Gibbons v. Johnson, ib. 63 ; Hill v. Ward, 2 Gilm. R. 293; Martin v. The People, 13 Ill. R. 342 ; Duffield v. Cross, ib. 700.

¶2The proofs show that the defendant took the order for the lumber from Hartzell, with the distinct understanding that it was to pay Hartzell’s debt to him, and to be charged to Hartzell, not to himself. On that order the defendant got the lumber, and we know of no rule of law or principle of justice by which lie could be made the debtor'of the plaintiff, by any arrangement made between other parties behind his back, and to which he was not assenting.

¶3The merits are clearly with the defendant, and we affirm the judgment in his favor.

¶4Judgment affirmed.