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45 Ill. 339

Allen v. Payne

Illinois Supreme Court

Decided September 15, 1867

Illinois Supreme Court · decided 1867-09-15

Charles H. Wood, Judge, presiding. This was an action of assumpsit, brought by Allen against Payne, to recover for certain household goods and furniture sold by Payne to Allen, then in a hotel in Kankakee, for which he paid $1,500. Payne, after having received the purchase price agreed upon, removed, or permitted to be removed, a portion of the furniture claimed by Allen to be included in his purchase.

Cited by 1 later decisions — most recently April 1902

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1867-09-15

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Per Curiam :

¶1Allen sold Payne the furniture of a hotel in Kankakee city, which Allen had been occupying, and the unexpired portion of his lease. This suit is brought by Payne on the ground that he did not receive all the furniture he purchased. Allen, on the other hand, insists, not only that he delivered all the furniture he sold, but that Payne is indebted to him for the services of himself and family after Payne took possession, and for money received by Payne at the time of the county fair, which money was to be divided between them. The jury gave Payne a verdict.

¶2No question of law is presented by this record, and we car. not set aside the verdict as against the evidence. This was very contradictory. The parties were both sworn under the recent statute and contradicted each other in their testimony. It was for the jury to determine which was best entitled to belief or best supported by the other witnesses.

¶3A question is made here on the admissibility of the testimony of Mrs. Payne. Ho exception was at the time taken to the ruling of the court, and the point is, therefore, not before us.

¶4Judgment affirmed.

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