Telfer v. Hoskins, Heiskell & Co.
Illinois Supreme Court
Writ of Error to the County Court of Grundy County; the Hon. Colquhoun Grant, Judge, presiding. Francis Hoskins, Colsin Heiskell, .James F. Heiskell and Thomas J. Young, partners, doing business under the name, style and firm of Hoskins, Heiskell & Co., instituted an action of assumpsit in the court below, on the 18th day of February, 1858, against Alexander Telfer, upon the following promissory note: “ $500. Morris, Ill., Oct. 20, 1855. “ On the 1st December, 1857, after…
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Writ of Error to the County Court of Grundy County; the Hon. Colquhoun Grant, Judge, presiding. Francis Hoskins, Colsin Heiskell, .James F. Heiskell and Thomas J. Young, partners, doing business under the name, style and firm of Hoskins, Heiskell & Co., instituted an action of assumpsit in the court below, on the 18th day of February, 1858, against Alexander Telfer, upon the following promissory note: “ $500. Morris, Ill., Oct. 20, 1855. “ On the 1st December, 1857, after date, I promise to pay to the order of Hanna & Le Boy, five hundred dollars, at the banking office of C. H. & H. C. Goold,…
1Opinion of the CourtChief Justice Caton
This was a judgment by default, and it .is claimed that the clerk assessed the damage too much by three dollars and fifty cents. If this be so, and admitting the power of this court to reform and reduce the judgment, as was done in Boyle v. Carter, 24 Ill. 49, in the exercise of a sound discretion, instead of compelling the party to apply to the court below, within the proper time, for a re-assessment of the damages; this is certainly not a case which should call upon us to exercise this power. This should only be done in extraordinary cases.
The next and principal complaint is, that in all…
2Cases cited1 opinion
- Boyle v. CarterIllinois Supreme Court · 1860
3Cited by1 opinion
- Allison v. HaganNevada Supreme Court · 1877