Mix v. Nettleton
Illinois Supreme Court
This was a suit in debt, by Eettleton against Mix, upon this instrument: “Due Moses JSTettleton on demand, with interest, one thousand and fifty dollars, for value received, payable in orders on the county of Ogle and State of Illinois, of such size and denomination as said Mix may be able to furnish.” A plea of the general issue, and three special pleas, were filed to the declaration. To some of which, demurrers were sustained, and upon others issue was joined.
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This was a suit in debt, by Eettleton against Mix, upon this instrument: “Due Moses JSTettleton on demand, with interest, one thousand and fifty dollars, for value received, payable in orders on the county of Ogle and State of Illinois, of such size and denomination as said Mix may be able to furnish.” A plea of the general issue, and three special pleas, were filed to the declaration. To some of which, demurrers were sustained, and upon others issue was joined. The action was commenced in Ogle county, but taken by change of venue to Winnebago, where there was a trial, and verdict for…
1Opinion of the CourtWalker, J.
The action of debt will not lie on this instrument. This question has been before the various courts of this country, and seems to have been uniformly held the same way. The decisions are, that a contract of this character is not for the money named, but for the thing to be paid. And that debt will only lie for a sum specifically certain. Watson v. McNairy, 1 Bibb, 357; Mattox v. Craig, 2 Bibb, 584; Bruner v. Kelso, 1 Bibb, 487; Campbell v. Weister, 1 Littell, 30 ; Delarry v. Reader, 5 Yerg. 451; Scott v. Conover, 1 Halst. 222 ; Wilson v. Hickson, 1 Blkf. 230; Osborn v. Fulton, 1 Blkf. 234;…
2Cases cited4 opinions
- Watson v. M'NairyCourt of Appeals of Kentucky · 1809
- Campbell v. WeisterCourt of Appeals of Kentucky · 1822
- Young v. ScottSupreme Court of Alabama · 1843
- Bruner v. KelsoeCourt of Appeals of Kentucky · 1809
3Cited by3 opinions
- Belford v. WoodwardIllinois Supreme Court · 1895
- People v. RossAppellate Court of Illinois · 1927
- Blackstone Shop v. AshmanAppellate Court of Illinois · 1928