Shuler v. Pulsifer

Citations

• 49 Ill. 262

Syllabus

<p>Sending process to a foreign county—where a contract is made. A commission merchant doing business in Chicago, in Cook county, called upon a party in La Salle county, and requested him to consign grain to the former. The party in La Salle county did not reply definitely at the time, but subsequently consigned a shipment of grain to the commission merchant, at Chicago, advising Mm of the fact by letter, and in the same letter requested him to deposit a certain sum to the credit of the shipper’s banker, which was done, but the sum so deposited exceeded the proceeds of the grain shipped, and to recover such excess the commission merchant brought suit in Cook county, against the shipper, and sent the summons to La Salle county for service: Held, that the contract out of which the cause of action arose, was made in La Salle county, and not in Cook county, and therefore the summons could not be sent to La Salle county to be served.</p>