Crabtree v. Crawford
Illinois Supreme Court
This was an action of assumpsit, brought by James B. Crawford, assignee of William D. Blackburn, against the appellant, on a promissory note for $250. The declaration contains a special count, and the usual common counts ; to which defendant pleaded the general issue; and it was agreed between the parties, that under that plea, everything’ which could be specially pleaded might be given in evidence. A jury was waived, and the cause tried by the court.
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This was an action of assumpsit, brought by James B. Crawford, assignee of William D. Blackburn, against the appellant, on a promissory note for $250. The declaration contains a special count, and the usual common counts ; to which defendant pleaded the general issue; and it was agreed between the parties, that under that plea, everything’ which could be specially pleaded might be given in evidence. A jury was waived, and the cause tried by the court. The plaintiff offered in evidence the note of the defendant, as follows : “Due William D. Blackburn, or order, two hundred and fifty dollars,…
1Opinion of the CourtWalker, J.
It appears from the evidence that appellant, on the 22nd of March, 1858, purchased of Blackburn two horses, for the sum of five hundred dollars, payable in lumber, one half by the first of June, and the other by the first of September following. That one of the animals was lame at the time, and that Blackburn warranted it to recover. That appellant received the possession, and he afterwards let Rankin and Wiley have the horse which had been warranted, for which they, with the assent of appellant, on the 14th day of December, 1858, gave their note to Blackburn for two hundred and fifty…
2Cited by4 opinions
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- Stewart v. SimonSupreme Court of Arkansas · 1914
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