Israel ex rel. Scholl v. Reynolds
Illinois Supreme Court
This action was commenced by attachment. The first four counts in the declaration were special, and founded upon the following instrument of writing: “ St. Louis, Petty 5th, 1848. u I. G. Israel, esq.
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This action was commenced by attachment. The first four counts in the declaration were special, and founded upon the following instrument of writing: “ St. Louis, Petty 5th, 1848. u I. G. Israel, esq. “ Dear Sir : In accordance with your request, we herein state, that according to our understanding with you, when we purchased your property, known as St. Louis, Ill., we will pay for the boiler purchased by you, for your saw mill, and not yet paid for by you, with the understanding, that the cost of said boiler does not exceed three hundred and fifty (350) dollars. “Yours, truly, W. T. Reynolds…
1Opinion of the Court
Opinion by Mr. Justice Catón :
That the first four counts of this declaration are bad, we entertain no doubt. The writing on which they are founded, is not one upon which alone an action can be maintained under our statute; and we must, therefore, be governed by the common law rules. It seems to be in the nature of an indemnity against the debt, which the plaintiff owed for the boiler, and, in order to maintain an action upon it, it was necessary to show that the writing was given upon a sufficient consideration; and that the plaintiff had been damnified by having had the debt to pay, which…
2Cited by7 opinions
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- Reece v. SmithIllinois Supreme Court · 1880
- Flower v. BeveridgeAppellate Court of Illinois · 1895
- Gould v. TiltonAppellate Court of Illinois · 1911
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