Nickerson v. Sheldon
Illinois Supreme Court
Appeal from the Circuit Court of Fulton county; the Hon. Chauncey L. Higbee, Judge, presiding. Eli Sheldon brought his action of assumpsit in the court below, against C. 0. Nickerson, James Robb and John J. Fast, upon the following instrument: . “ $495t2/ó- By the fifteenth day of January, A. D. 1862, we ■ jointly.and severally promise to pay Amos Babcock or order, four 'hundred and hinéty-fivéTV¡r dollars,1- for value' rec’d,-. and we further agree, if the above note is not…
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Appeal from the Circuit Court of Fulton county; the Hon. Chauncey L. Higbee, Judge, presiding. Eli Sheldon brought his action of assumpsit in the court below, against C. 0. Nickerson, James Robb and John J. Fast, upon the following instrument: . “ $495t2/ó- By the fifteenth day of January, A. D. 1862, we ■ jointly.and severally promise to pay Amos Babcock or order, four 'hundred and hinéty-fivéTV¡r dollars,1- for value' rec’d,-. and we further agree, if the above note is not paid without suit, to pay ten dollars in addition to the above, for attorney’s fees.” Canton, Feb’y 9 th, 1857. Signed,…
1Opinion of the CourtJustice Breese
This was an action of assumpsit brought on a promissory note. The declaration counts specially on the note, and contains the common counts for money lent and advanced, had and received, paid, laid out and expended, and for goods and lands sold to the defendants by the plaintiff. .
To the declaration a general demurrer was interposed, on which the court gave judgment for the plaintiff and assessed the damages.
We see no error in the proceedings of any character. The common counts being good, whatever may be the character of the special count, the demurrer had to be overruled. The note was…
2Cases cited2 opinions
- Lowe v. BlissIllinois Supreme Court · 1860
- Stewart v. SmithIllinois Supreme Court · 1862
3Cited by17 opinions
- Dorsey v. WolffIllinois Supreme Court · 1892
- Farmers' Nat. Bank v. Sutton Manuf'g Co.Court of Appeals for the Sixth Circuit · 1892
- Oppenheimer v. BankTennessee Supreme Court · 1896
- Wilson Sewing Machine Co. v. MorenoUnited States Circuit Court · 1879
- Trader v. ChidesterSupreme Court of Arkansas · 1883
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