Oldershaw v. Knowles

Citations

• 101 Ill. 117
• 1881 Ill. LEXIS 53

Syllabus

<p>1. Evidence—on cross-examination—as to character of transaction between commission merchant and his customer—on ma/rgins. In a suit by a commission merchant or broker to recover of a person for whom a purchase was made, for loss on a re-sale, for want of putting up of a further margin, the defendant will have the right, on cross-examination, to inquire when, where, and in what manner the purchase was made for him, and whether the plaintiff has settled the purchase, and if so, what was paid, to whom, and the manner it was paid, to show whether the mode of dealing was fair, and free from fraud and injustice or wrong to him.</p> <p>2. A commission merchant has no right to adopt methods in making purchases for his customers that he may refuse to explain, or that are so intricate or tortuous that they are incapable of being explained to the full comprehension of an ordinarily intelligent jury.</p> <p>3. In a suit where the plaintiff claims that he made a contract for lard for the defendant, for future delivery, and that in consequence of the defendant’s failure to indemnify him against loss he was compelled to sell the lard, and pay the loss to the person from whom the purchase was made, and that he has paid and settled the loss, 'and has the right to recover the same of the defendant, the latter will have the right to learn the particulars of the entire transaction, on the trial.</p> <p>4. Practice in the Supreme Court—what may be assigned as error. On appeal from the last judgment of the Appellate Court in a case, this court cannot consider the propriety of the admission of evidence on a second trial in the lower court, under the prior ruling of the Appellate Court when the case was first before it.</p> <p>. 5. Error wild not always reverse—as to admission of evidence. The admission of evidence technically inadmissible, to prove a fact already proven beyond dispute by unobjectionable proof, the improper evidence not being calculated to mislead the jury, affords no g