Myers v. Malcom
Illinois Supreme Court
John Malcom, administrator of Joseph Malcom, deceased, sued Simon Albert on a note given by him to Joseph Malcom. Suit before Probate Court, and judgment for plaintiff below for $61.48. Defendant appealed to Circuit Court, and died. Daniel Myers, administrator of Simon Albert was made a party, and the cause was heard before Breese, Judge, and a jury, at August term, 1857. Verdict for plaintiff below for $108.57; motion for new trial denied ; judgment for plaintiff.
Read the full summary
John Malcom, administrator of Joseph Malcom, deceased, sued Simon Albert on a note given by him to Joseph Malcom. Suit before Probate Court, and judgment for plaintiff below for $61.48. Defendant appealed to Circuit Court, and died. Daniel Myers, administrator of Simon Albert was made a party, and the cause was heard before Breese, Judge, and a jury, at August term, 1857. Verdict for plaintiff below for $108.57; motion for new trial denied ; judgment for plaintiff. The note sued on was as follows : One day after date I promise to pay Joseph Malcom, the sum of one hundred dollars and seven…
1Opinion of the CourtCaton, C. J.
The first item of set-off claimed in this case, is satisfactorily answered by the fact, that the intestate Malcom loaned the money to Albert to bear the expenses to Missouri, and for that money the note was given, upon which this action was brought. This circumstance conclusively shows, that it was the understanding of the parties, that Albert was to bear those expenses. As to. the items for board of Malcom and wife, and transporting his goods from Chester, the question was fairly put to the jury by the instructions of the court, whether those services were intended by Albert as a gratuity to…
2Cited by1 opinion
- Ginders v. GindersAppellate Court of Illinois · 1886