Raymond v. Strobel
Illinois Supreme Court
This suit was originally commenced before a justice of the peace, and taken by appeal to the Circuit. Court of LaSalle county. On the trial of the cause in the Circuit Court, Hollister, Judge, presiding, the plaintiff below introduced in evidence a note, in the words as follows : $95.00. Ottawa, Dec. 2, 1858. Nine months after date, I promise to pay to the order of Augustus Leckelt, ninety-five dollars, value received, with ten per cent, interest per annum. E. H. RAYMOND.
Read the full summary
This suit was originally commenced before a justice of the peace, and taken by appeal to the Circuit. Court of LaSalle county. On the trial of the cause in the Circuit Court, Hollister, Judge, presiding, the plaintiff below introduced in evidence a note, in the words as follows : $95.00. Ottawa, Dec. 2, 1858. Nine months after date, I promise to pay to the order of Augustus Leckelt, ninety-five dollars, value received, with ten per cent, interest per annum. E. H. RAYMOND. Indorsed: “ A. Leckelt.” And the plaintiff offered to remit all the interest on the note, for the express purpose of…
1Opinion of the CourtBreese, J.
The justice of the peace had jurisdiction to try this cause, and render the judgment. To say that a party may not remit the interest due him on a note, and expressly contracted to be paid, is to say that he may not release the whole debt, and any decisions of courts, however respectable, going to this extent, we are not disposed to follow.
This court, as its rulings show, has entertained views on this question wholly different from those expressed by the courts of New Jersey and Texas, to which reference has been made by appellant’s counsel.
In Ellis v. Snider, Breese, 263, decided in 1830, it…
2Cited by14 opinions
- Burke & Aitcheson v. Adoue & LobitCourt of Appeals of Texas · 1893
- Hull v. WebbAppellate Court of Illinois · 1898
- Carpenter v. WellsIllinois Supreme Court · 1872
- Cramer v. McDowellSupreme Court of Colorado · 1882
- Kinzey v. ThomasIllinois Supreme Court · 1862
9 more not listed; retrieve them via the Exa API.