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30 Ill. 164

Anstedt v. Sutter

Illinois Supreme Court

Decided January 15, 1863

Illinois Supreme Court · decided 1863-01-15

This was an appeal case from a justice of the peace, tried in the St. Clair Circuit Court, by the court, by consent, át its March term, 1862. Court found in favor of Sutter, the plaintiff below, $22, for which judgment was rendered, and for costs. Anstedt appeals to this court, and assigns for error, that court below erred in finding for appellee, and in refusing to appellant a new trial.

Cited by 1 later decisions — most recently December 1973

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1863-01-15

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Caton, C. J.

¶1There is no doubt in our minds that this wine was sold upon a credit, within the meaning of the statute of Missouri. It certainly was not sold for cash, nor is there anything to show that the plaintiff expected immediate payment for it. On the other hand, all the circumstances of the case show that he did not expect immediate payment. He delivered the liquor as called for by the defendant, and then allowed him to depart, without even asking him for the pay, but even advised him to go home, without any allusion to a settlement of the bill. Whether he expected the defendant would call the next day and pay for it, or whether he expected the credit would run for three months, is a matter of no consequence. If the liquor was delivered with the design that it should be paid for at a future time, whether a long, or a short, or an uncertain time, it was equally a sale on a credit.

¶2The judgment must be reversed, and the cause remanded.

¶3Judgment reversed.

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