Pierce v. Hasbrouck
Illinois Supreme Court
Appeal from the Circuit Court of De Kalb comity; the Hon. Theodore D. Murphy, Judge, presiding. This was an action of trover, brought by the appellee, Mary C. Hasbrouck, in the court below, against the appellant, Daniel Pierce, and tried at the February term, 1866, of said court, and which trial resulted in a verdict for the plaintiff.
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Appeal from the Circuit Court of De Kalb comity; the Hon. Theodore D. Murphy, Judge, presiding. This was an action of trover, brought by the appellee, Mary C. Hasbrouck, in the court below, against the appellant, Daniel Pierce, and tried at the February term, 1866, of said court, and which trial resulted in a verdict for the plaintiff. A motion for a new trial was made, which the court overruled, and rendered judgment on the verdict, to reverse which, the cause is brought to this court by appeal. The further facts in the case are stated in the opinion.
1Opinion of the CourtJustice Lawrence
Hasbrouck and wife delivered to Pierce a mortgage upon four horses, two sets of harness, and a wagon, to secure the payment of a note for $300, held by the latter against Hasbrouck. Before the mortgage matured, the mortgagors let Pierce have a span of horses to apply thereon at $280. The plaintiff claims that the price of the horses was $300, but that they deducted $20 from the price, in consideration of an agreement by Pierce to extend the time for the payment of the residue of the debt from two to three months. This agreement is denied by the defendant.
Before the expiration of two months…
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