Nickerson v. Babcock
Illinois Supreme Court
This was an action of assumpsit on an instrument as follows: SIBS.BS. By the fifteenth day of January next, 1858, we jointly and severally promise to pay Amos Babcock, or order, Seven Hundred and Fifty-Three 68-100 Dollars, for value rec’d. And we further agree if the above note is not paid without suit, to pay ten dollars addition to the above, for attorney fees. Canton, Feb’y 9th, 1868. C. 0. NICKERSON. JAMES ROBB. JOHN J. FAST.
Read the full summary
This was an action of assumpsit on an instrument as follows: SIBS.BS. By the fifteenth day of January next, 1858, we jointly and severally promise to pay Amos Babcock, or order, Seven Hundred and Fifty-Three 68-100 Dollars, for value rec’d. And we further agree if the above note is not paid without suit, to pay ten dollars addition to the above, for attorney fees. Canton, Feb’y 9th, 1868. C. 0. NICKERSON. JAMES ROBB. JOHN J. FAST. The declaration contained one special, and the usual money counts. Plea of the general issue, and several special pleas, setting up a defense as to part on the…
1Opinion of the CourtWalker, J.
The note upon which this suit is brought, contains this condition : “And we further agree, if the above note is not paid without suit, to pay ten dollars in addition to the above for attorney fees.” This presents the question, whether this ten dollars can be recovered in the same action, with the principal of the note. It is only payable upon a contingency, and that can never occur until suit is brought to enforce the payment of the note. This sum was not due until suit was instituted, and no rule of practice is more uniformly recognized, than that a suit cannot be maintained before a demand…
2Cited by16 opinions
- Bacon v. SchepflinIllinois Supreme Court · 1900
- Dorsey v. WolffIllinois Supreme Court · 1892
- Byers v. First National BankIllinois Supreme Court · 1877
- Clawson v. MunsonIllinois Supreme Court · 1870
- People's State Bank v. SmithNebraska Supreme Court · 1930
11 more not listed; retrieve them via the Exa API.