Legal Opinion

Gillett ex rel. Smith v. Sweat

Illinois Supreme Court

Decided December 15, 1844PublishedCited by 3 opinions

Assumpsit, in the Peoria Circuit Court, brought by the plaintiffs in error against the defendants in error. The pleadings and evidence are fully set forth in the Opinion of the Court. The cause was tried at the October term 1843, before the Hon. John D. Catón and jury. Verdict and judgment for the defendant.

1Opinion of the Court

The Opinion of the Court was delivered by

Young, J.

This was an action of assumpsit, commenced by Ralph A. Gillett and Daniel J. Avery, for the use of Amos Smith, against Peter Sweat, in the Peoria Circuit Court, on the following promissory note, to wit:

“$500. For value received, we jointly and severally, or either of us, promise to pay Gillett & Avery or bearer, five hundred dollars, one day after date, with use. Sweden, Nov. 14, 1838. Peter Sweat.”

Plea non assumpsit, and issue, with leave to the defendant to give special matter in evidence. Jury, trial and verdict, and judgment in favor of…

2Cases cited5 opinions

  1. Supervisors of Chenango v. BirdsallNew York Supreme Court · 1830
  2. Bailey v. TaylorSupreme Court of Connecticut · 1836
  3. Frear v. EvertsonNew York Supreme Court · 1822
  4. Schermerhorn v. SchermerhornNew York Supreme Court · 1828
  5. Executors of Morton v. Terre-tenants of CroghanNew York Supreme Court · 1822

3Cited by3 opinions

  1. Samberg v. American Express Co.Michigan Supreme Court · 1904
  2. Citizens Savings Bank of Columbus v. HalsteadIndiana Court of Appeals · 1908
  3. Walker v. Chicago, Madison & Northern RailroadAppellate Court of Illinois · 1916

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