Taylor v. Beck
Illinois Supreme Court
This was an action of debt, commenced by James Beck, against Thomas Freeman and James H. Taylor, in the Schuyler Circuit Court, upon a written agreement under seal in these words, vizi: J Articles of agreement made and entered into, between James '•.Beck of the county of McDonough and State of Illinois, and Thomas Freeman of the county of Schuyler and State aforesaid, witnesseth, that the said Beck has this sold, and binds himself to deliver to said Freeman, his entire lot…
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This was an action of debt, commenced by James Beck, against Thomas Freeman and James H. Taylor, in the Schuyler Circuit Court, upon a written agreement under seal in these words, vizi: J Articles of agreement made and entered into, between James '•.Beck of the county of McDonough and State of Illinois, and Thomas Freeman of the county of Schuyler and State aforesaid, witnesseth, that the said Beck has this sold, and binds himself to deliver to said Freeman, his entire lot of broom brush, raised by him this year, on or before the first day of March next, scraped and clean of seeds, and to be…
1Opinion of the CourtTreat, C. J.
First, Did the court err in sustaining the demurrer to the second and third pleas of Taylor l These pleas raise the question, whether the creditor is bound to make use of active diligence against the principal debtor, on the mere request of the surety. The 97th chapter of the Revised Statutes has no application to the contract in question. That statute only relates to bonds, bills, and notes, for the direct payment of money or property; and does not extend to contracts for the performance of other acts, or to agreements containing mutual covenants. It embraces only such obligations as are…
2Cases cited6 opinions
- Pain v. PackardNew York Supreme Court · 1816
- Erie Bank v. GibsonSupreme Court of Pennsylvania · 1832
- Bull v. AllenSupreme Court of Connecticut · 1848
- Dennis v. RiderU.S. Circuit Court for the District of Illinois · 1841
- Carr v. HowardIndiana Supreme Court · 1846
1 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Keeler v. HerrIllinois Supreme Court · 1895
- Cassady v. Trustees of SchoolsIllinois Supreme Court · 1882
- Wheeler v. ReedIllinois Supreme Court · 1864
- Fish v. GloverIllinois Supreme Court · 1894
- State Bank of Burleigh County v. PorterNorth Dakota Supreme Court · 1969
15 more not listed; retrieve them via the Exa API.