Mason ex rel. Mason v. Caldwell
Illinois Supreme Court
Assumpsit, in the Jersey Circuit Court, brought by the appellant against the appellee, and heard before the Hon. Samuel D. Lockwood, at the September term, 1844. In September, 1843, the defendant, by his attorneys, filed six pleas, of which the following is the substance : 1. The defendant pleaded that the only consideration of the notes was a sale of certain town lots in Grafton, as specified in a certain title bond, and the delivery of said bond, to the defendant, by the…
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Assumpsit, in the Jersey Circuit Court, brought by the appellant against the appellee, and heard before the Hon. Samuel D. Lockwood, at the September term, 1844. In September, 1843, the defendant, by his attorneys, filed six pleas, of which the following is the substance : 1. The defendant pleaded that the only consideration of the notes was a sale of certain town lots in Grafton, as specified in a certain title bond, and the delivery of said bond, to the defendant, by the said plaintiff, which bond is as follows : “Know all men by these presents, that I, Sarah Mason, guardian of Maria Mason,…
1Opinion of the Court
The Opinion of the Court was delivered by
Caton, J.
All of the questions presented in this record, have been already settled in this Court, except two, the first of which is presented by the demurrer to the second and fifth pleas, and the second by the demurrer to the first replication. The first question depends upon the proper construction to be given to the concluding clause of the bond set out in the pleas. That is as follows: “But should the said John R. Caldwell, or bis assignee, fail to pay the said sum of money, specified in said notes, within ten days after the same became due, he…
2Cases cited1 opinion
- Sumner v. WilliamsMassachusetts Supreme Judicial Court · 1811
3Cited by8 opinions
- Maryland Construction Co. v. KuperCourt of Appeals of Maryland · 1900
- Shenners v. PritchardWisconsin Supreme Court · 1899
- Meagher v. HoyleMassachusetts Supreme Judicial Court · 1899
- Coutsogeorge v. MonaghanAppellate Court of Illinois · 1921
- Griffith v. StewartCourt of Appeals for the D.C. Circuit · 1908
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