Abrahams v. Jones
Appellate Court of Illinois
Appeal from the Superior Court of Cook county; the Hon. Joseph E. Gary, Judge, presiding. This was debt, by appellee against appellant, impleaded with Thomas J. Martin and William A. Graham, upon a bond in the penalty of seven thousand dollars, dated June 15, 1881, made to appellee as marshal of the Northern District of Illinois, by said Martin and Graham, Abrahams, the appellant, signing as surety.
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Appeal from the Superior Court of Cook county; the Hon. Joseph E. Gary, Judge, presiding. This was debt, by appellee against appellant, impleaded with Thomas J. Martin and William A. Graham, upon a bond in the penalty of seven thousand dollars, dated June 15, 1881, made to appellee as marshal of the Northern District of Illinois, by said Martin and Graham, Abrahams, the appellant, signing as surety. The declaration, after thus describing it, and averring that it was subject to a condition thereunder written, is as follows : “ Whereby, after reciting that said Thomas J. Martin and William H.…
1Opinion of the CourtMcAllister, J.
This action is upon a penal bond for the performance of covenants. The declaration sets out the bond and its conditions, and what purports to be two separate assignments of breaches, which are to be regarded as separate counts or declarations, and to be pleaded to as such. Safford v. Miller, 59 Ill. 209.
By the settled rules of practice in this State if both such assignments of breaches are bad in substance, and neither of them shows a legal breach of any of the conditions of said bond, advantage of the defect might he taken by the defendant below by general demurrer, motion in arrest of…
2Cases cited4 opinions
- Miller v. StewartSupreme Court of the United States · 1824
- Ovington v. SmithIllinois Supreme Court · 1875
- Hurlburd v. BogardusCalifornia Supreme Court · 1858
- Dale v. DeanSupreme Court of Connecticut · 1844
3Cited by3 opinions
- General Securities Co. v. HindesSupreme Court of Kansas · 1925
- Louis K. Liggett Co. v. MorrisIndiana Court of Appeals · 1931
- Abend v. WestAppellate Court of Illinois · 1896