Williams v. Corbet
Illinois Supreme Court
This was an action in assumpsit, commenced before a justice of the peace in Peoria county, and a judgment rendered for the defendant, from which judgment the plaintiff appealed to the County Court of Peoria county, where the cause was tried, and judgment rendered against the defendant below for the sum of fifty dollars and costs, from which judgment the defendant appeals to this court.
1Opinion of the CourtBeeese, J.
¥e do not think the-evidence in this case makes out that Williams, the appellant, was the security of Caldwell, or that Caldwell was the purchaser of the cattle of appellee. He received them, it is true, and drove them away, but the appellant’s undertaking was an original undertaking to pay for them, not that he would see that Caldwell paid for them. It was only on thi§ promise and undertaking, appellee consented to let the cattle go. It is therefore not a collateral undertaking, but an original one.- Although the property passed from appellee to Caldwell, the consideration passed from…
2Cases cited1 opinion
- Comstock v. WardIllinois Supreme Court · 1859
3Cited by17 opinions
- Rosewood Care Center, Inc. v. Caterpillar, Inc.Illinois Supreme Court · 2007
- United States v. MitchellCourt of Appeals for the Seventh Circuit · 1934
- Rosewood Care Center, Inc. v. Caterpillar, Inc.Appellate Court of Illinois · 2006
- Geary v. O'NeilIllinois Supreme Court · 1874
- Hartley Bros. v. VarnerIllinois Supreme Court · 1878
12 more not listed; retrieve them via the Exa API.