Swift v. Whitney
Illinois Supreme Court
The facts of these cases are stated in the opinion of the court. The causes were tried ¿before J. M. Wilson, Judge of the Common Pleas, at January term, 1858.
1Opinion of the CourtWalker, J.
These cases present the same questions, and will be considered together in our opinion. The plaintiffs sued out summons in assumpsit from the Cook County Court of Common Pleas, which was served on Richard K. Swift and James S. Johnson, Lyman P. Swift not being found. In each case, the common counts only were in the record, when the judgment was rendered by default against the defendants, who had been served. The court assessed the damages severally on the instruments, as follows:
Ño. 169. Richard K. Swift, Brother & Johnston,
Chicago, Nov. 18th, 1857.
Received from Whitney & Haven four hundred…
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