Legal Opinion

Eastman v. Brown

Illinois Supreme Court

Decided April 15, 1863PublishedCited by 1 opinion

Appeal from the Superior Court of Chicago. This was an action of assumpsit, instituted in the court below, by Thomas Brown, against Galen Eastman, upon a promissory note executed by the latter to the former, on the 3d of November, 1860, for the sum of $750, payable on the 1st of July following. The defendant pleaded: 1. The general issue; 2. That the note was obtained by the fraud of the plaintiff; and 3. Want of consideration.

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Appeal from the Superior Court of Chicago. This was an action of assumpsit, instituted in the court below, by Thomas Brown, against Galen Eastman, upon a promissory note executed by the latter to the former, on the 3d of November, 1860, for the sum of $750, payable on the 1st of July following. The defendant pleaded: 1. The general issue; 2. That the note was obtained by the fraud of the plaintiff; and 3. Want of consideration. The issues were tried by the court, without the intervention of a jury. It appears that in 1860, Mathias Teetzel and Brown, the plaintiff, were the joint owners of the…

1Opinion of the CourtJustice Breese

This was an action of assumpsit brought in the Superior Court of Chicago, upon a promissory note, and tried by the court without a jury on the general issue, and fraud and want of consideration. The issues were found for the plaintiff, and judgment rendered for the amount of the note and interest, from which this appeal is taken. There is no question of law raised on the record, the only question presented being on the facts, and they having been thoroughly examined and considered by the court below, on a question of fraud and want of consideration, we would riot, without the strongest…

2Cited by1 opinion

  1. Ogilvie v. CopelandIllinois Supreme Court · 1893

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