Boynton v. Holmes
Illinois Supreme Court
Appeal from Circuit Court of DeKalb County; the Hon. T. D. Murphy, Judge, presiding. This was an action of assumpsit, commenced in the Circuit Court of DeKalb County, on the 4th day of February, 1863, by the appellee against the appellant. The declaration contained the common counts for goods, wares, and merchandize sold and delivered; for money lent and advanced; for money laid out and expended; for money had and received; and on account stated.
Read the full summary
Appeal from Circuit Court of DeKalb County; the Hon. T. D. Murphy, Judge, presiding. This was an action of assumpsit, commenced in the Circuit Court of DeKalb County, on the 4th day of February, 1863, by the appellee against the appellant. The declaration contained the common counts for goods, wares, and merchandize sold and delivered; for money lent and advanced; for money laid out and expended; for money had and received; and on account stated. The plea was the general issue. The cause was tried at the September term, 1864. On the trial it appeared that on the 14th day of May, 1855, the…
1Opinion of the CourtJustice Breese
It appears from the record in this case, that appellee had paid the note in full to the appellant, the original payee, who afterwards assigned it to his father, John Boynton, and had the papers prepared, and procured appellee to confess a judgment in favor of John Boynton. This judgment was collected by a sale of appellee’s property, under an execution issued upon it. This suit was brought to recover back this money of appellant, which he had himself once received of appellee.
Though the instructions given by the court for appellee, were technically wrong, yet as it is perfectly clear, from…
2Cited by4 opinions
- Cutler v. CallisonIllinois Supreme Court · 1874
- Indiana & Illinois Southern Ry. Co. v. G. S. Wilson & SonAppellate Court of Illinois · 1898
- Standidge v. LyndeAppellate Court of Illinois · 1905
- Eshelman v. RawaltAppellate Court of Illinois · 1920