Harts v. Emery
Illinois Supreme Court
Appeal from the Appellate Court for the Third District;—heard in that court on appeal from the Circuit Court of Sangamon county; the Hon. James A. Creighton, Judge, presiding.
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Appeal from the Appellate Court for the Third District;—heard in that court on appeal from the Circuit Court of Sangamon county; the Hon. James A. Creighton, Judge, presiding. On March 9, 1874, Adelaide Elder sold and conveyed to Elvira W. Spaulding, for $10,000, block 2 of H. L. Stewart’s subdivision in Chicago, and received as part payment three promissory notes, for $2666.66 each, drawing eight per cent annual interest, executed by Richard M. Poucher and payable to the order of Edward F. Sweet, trustee. These notes were secured by a trust deed executed by Elvira W. Spaulding to Sweet on…
1Opinion of the CourtJustice Boggs
It was competent for the appellee to bring the action in his name as executor and in assumpsit, notwithstanding the assumption clauses sued on were incorporated in an instrument under seal and to which his testator was not a party. Webster v. Fleming, 178 Ill. 140.
The court properly construed the clauses in the deed conveying said block to the appellant to bind him to make payment of the amount assumed, together with interest at the rate mentioned in the notes which evidence the indebtedness, in whole or in part, so assumed to be paid. The undertaking to pay interest at the rate specified in…
2Cases cited5 opinions
- Webster v. FlemingIllinois Supreme Court · 1899
- Thompson v. DearbornIllinois Supreme Court · 1883
- Daub v. EnglebachIllinois Supreme Court · 1884
- Harding v. KuessnerIllinois Supreme Court · 1898
- Booth v. HynesIllinois Supreme Court · 1870
3Cited by22 opinions
- Fry v. AusmanSouth Dakota Supreme Court · 1912
- Conerty v. RichtsteigIllinois Supreme Court · 1942
- Fitzgerald v. FlanaganSupreme Court of Iowa · 1912
- Jost v. WolfWisconsin Supreme Court · 1906
- Joslyn v. JoslynIllinois Supreme Court · 1944
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