Champlin v. Smith
Champlin v. Smith
Opinion of the Court
This contention is the offspring of Illinois contracts, the legal effect of which depends mainly on the lex loci contractus, and. that appears to have been properly applied.
We are satisfied from an examination of the pleadings and evidence that there is no substantial error in either of the findings of fact complained of in several of the specifications; nor do we think there is any error in any of the material conclusions drawn therefrom. All the questions involved in the assignments of error have been so fully considered and satisfactorily disposed of by the learned president of the common pleas that little if anything can be profitably added to what is contained in his opinion sent up with the record. On that opinion the-decree discharging the rule to show cause why the judgment-should not be opened and the defendant let into a defence, etc., is affirmed and appeal dismissed with costs to be paid by appellant.
Reference
- Full Case Name
- H. C. Champlin v. Wm. F. Smith
- Cited By
- 10 cases
- Status
- Published
- Syllabus
- Contracts—Wagering contracts—Brolcer—Lex loci contractus—Opening judgment—Practice, C. P. On a rule to open a judgment entered upon a note given by defendant to a broker in Chicago to secure the broker in purchases and sales for defendant in the Chicago Board of Trade, the court found as a fact that the contract of the broker with those from whom he bought, under the rules of the board, was such that the delivery of the goods was contemplated, and could have been demanded when the time for delivery arrived; that for his purchases and sales he made daily settlements in accordance with the rules of the board, and that the reason why no grain was ever actually delivered was that defendant ordered him to sell it before the time of delivery came around. Held, that, under the laws of Illinois,, the contract between the broker and defendant was not a wagering contract, and that defendant was not entitled to have the judgment opened: Confession of judgment—Warrant—Practice, C.P. A note payable to order with a warrant of attorney to confess judgment “in favor of the holder of the note,” will warrant a confession in favor of a subsequent holder.