Pixley v. Boynton
Illinois Supreme Court
Appeal from the Circuit Court of Cook county; the Hon. John G. Rogers, Judge, presiding. This was an action of assumpsit, brought by Charles W. Boynton, George S. Foster, and John S. Miller, partners, against Benjamin F. Pixley, Thomas W. Hall, and Joseph G. Hall, partners, upon a promissory note. The opinion of the court contains a statement of the material facts.
1Opinion of the CourtChief Justice Scott
The judgment in favor of plaintiffs in the court below was for $31.33 in excess of the ad damnum in the declaration. That sum had been remitted in this court by plaintiffs before the cause was submitted for decision. Under our present statute, this is permissible, and is in accordance with the practice that prevails.
The action is upon a promissory note, and defendants seek-to avoid the payment on the ground the consideration is illegal. The special defense set up in the notice filed with the general issue is. that it was given in settlement of “differences” arising out of an optional contract…
2Cited by34 opinions
- Hogston v. BellIndiana Supreme Court · 1916
- Pearce v. FooteIllinois Supreme Court · 1885
- Gregory v. WendellMichigan Supreme Court · 1879
- Osgood v. Bauder & Co.Supreme Court of Iowa · 1888
- Cleage v. LaidleyCourt of Appeals for the Eighth Circuit · 1906
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