Bishop Hill Colony v. Edgerton
Illinois Supreme Court
This declaration in assumpsit contains six special, and the common counts. The second count is upon a promissory note made by the appellant to one Solomon Shoup, for $550, dated April 1st, 1858, and due six months after date, and indorsed to appellees by said Shoup, and a promise made by the appellant, after the note became due, to pay interest on it at the rate of ton per cent., after maturity.
Read the full summary
This declaration in assumpsit contains six special, and the common counts. The second count is upon a promissory note made by the appellant to one Solomon Shoup, for $550, dated April 1st, 1858, and due six months after date, and indorsed to appellees by said Shoup, and a promise made by the appellant, after the note became due, to pay interest on it at the rate of ton per cent., after maturity. The third, fourth, fifth, and sixth counts aver that the appellant was indebted to one Solomon Shoup, in the sum of $885.95, on account of the sale of fifty-three bales of broom corn, by the…
1Opinion of the CourtCaton, C. J.
The signature of the clerk to the summons, by using the initial for his first name, was sufficient.
There should have been a bill of exceptions, to show this court the facts upon which the party claimed the right to a continuance. The presumption is, that the court decided the motion for a continuance properly.
After the parties had agreed upon the amount due for the broom corn, by virtue of the statute, interest was recoverable upon that amount.
It was perfectly competent for the parties to agree that ten per cent., or even a greater amount, if there was no design to evade the statute against…
2Cited by4 opinions
- Haas v. CravattaAppellate Court of Illinois · 1979
- Thayer v. Wilmington Star Mining Co.Illinois Supreme Court · 1882
- National City Bank v. MajerczykAppellate Court of Illinois · 2011
- National City Bank v. MAJERCZYKAppellate Court of Illinois · 2011