Young v. Foute
Illinois Supreme Court
Appeal from the Circuit Court of De Witt county; the Hon. John M. Soott, Judge, presiding. This was an action of assumpsit, brought by the appellee against the appellant, in the Circuit Court of De Witt county.
Read the full summary
Appeal from the Circuit Court of De Witt county; the Hon. John M. Soott, Judge, presiding. This was an action of assumpsit, brought by the appellee against the appellant, in the Circuit Court of De Witt county. The cause was tried, by a jury, and verdict given in favor of the plaintiff for $1,150. The defendant made a motion for a new trial; whereupon, the plaintiff remitted $119 of the verdict,. and the court overruled the motion for a new trial, and rendered judgment, for $1,031. The cause is brought here by appeal. The, facts, are- fully stated in the opinion of the court.
1Opinion of the CourtJustice Breese
This was an action of assumpsit brought in the De Witt Circuit Court, to the May Term, 1866, by Sarah Foute against Harrison Young, on five promissory notes, of the date of January 1, 1856, made payable by defendant to plaintiff, and alleged to be lost. The declaration counted on each note, and there was a count on all the notes tracing their delivery to one Mastín for collection, who delivered the notes to the defendant, to be redelivered by him to the plaintiff, and a failure by him to redeliver them. The seventh count was on the note described ' in fifth count, due in nine years from date,…
2Cases cited3 opinions
- Ray v. BellIllinois Supreme Court · 1860
- Dufield v. CrossIllinois Supreme Court · 1851
- Frizell v. ColeIllinois Supreme Court · 1862
3Cited by2 opinions
- Casey v. BurnsAppellate Court of Illinois · 1955
- Hartley v. LybargerAppellate Court of Illinois · 1878