Kerney v. Gardner
Illinois Supreme Court
This was an action of debt, commenced by Gardner and tried in his lifetime, against Kerney, for the September term, 1859, of the Fulton Circuit Court, on a promissory note. The declaration contains one special count and common counts for work and labor, for money paid, laid out, etc., and on account stated.
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This was an action of debt, commenced by Gardner and tried in his lifetime, against Kerney, for the September term, 1859, of the Fulton Circuit Court, on a promissory note. The declaration contains one special count and common counts for work and labor, for money paid, laid out, etc., and on account stated. The descriptive part of the special count is as follows: “For that whereas the said defendant, heretofore, to wit, on the 8th day of August, A. D. 1851, at and within the county of Fulton and State of Illinois, made his certain promissory note in writing, bearing date a certain day and…
1Opinion of the CourtWalker, J.
The first question which we propose to consider, is, whether the demurrer was properly sustained, to defendant’s fourth plea. It averred, that the note sued upon, was given for the purchase money, on the sale of S. W. 34, T. 3 N., R. 3 E. of the fourth principal meridian, which was sold by appellee to appellant. That at the time the note was executed, appellee gave to appellant an agreement of that date,, by which he obligated himself to convey all of his right and title in the land, to appellant, provided he should pay to him the sum of three hundred and nine dollars, which sum was inserted…
2Cited by4 opinions
- Hewahewa v. LalakeaHawaii Supreme Court · 1939
- Reese v. Estate of BerbeckerAppellate Court of Illinois · 1934
- Newcomb v. NewcombAppellate Court of Illinois · 1926
- Maitland v. TraverCourt of Appeals for the Seventh Circuit · 1913