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32 Ill. 251

Brown v. Gaffney

Illinois Supreme Court

Decided April 15, 1863

Illinois Supreme Court · decided 1863-04-15

This cause, upon the original hearing, was decided at the April term, 1862, and will bé found reported in 28 Illinois Reports, 149. The following opinion was pronounced upon a rehearing of the cause at the April term, 1863. All the facts necessary to an understanding of this opinion, will be found in the former report of the case.

Good law ✅— No negative treatment on recordhow we know

Decided 1863-04-15

How this case has been cited

Cited by 3 later decisions — most recently February 1931

3 state decisions

1018631870188018901900191019201930decided

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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Mr. Chief Justice

¶1Catón delivered the opinion of the Court:

¶2In our former opinion in this case our views are expressed and have undergone no change. We now see, however, that in the amount allowed Brown, is not included the moneys which he advanced to Gaffney with which to go to California. This, in equity, we think, should be allowed, as if expressly stated in the written obligation, and such was no doubt the intention of the parties. It is probable that this was inadvertently overlooked in the court below, as it was in this court on the first hearing.

¶3The decree is reversed and the suit remanded, with instructions to make the allowance as above suggested.

¶4Decree reversed.

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