Hewitt v. Lucas
Illinois Supreme Court
Writ of Error to the Circuit Court of Washington county; the Hon. Silas L. Bryan, Judge, presiding. Harvey B. Lucas brought an action of assumpsit in the Circuit Court of Washington county, at the August Term, 1863, against Jackson Baldwin. Some time previous, Lucas had obtained an injunction against one G-ideon Burton, and Baldwin at that time became his security on the injunction bond.
Read the full summary
Writ of Error to the Circuit Court of Washington county; the Hon. Silas L. Bryan, Judge, presiding. Harvey B. Lucas brought an action of assumpsit in the Circuit Court of Washington county, at the August Term, 1863, against Jackson Baldwin. Some time previous, Lucas had obtained an injunction against one G-ideon Burton, and Baldwin at that time became his security on the injunction bond. To indemnify Baldwin against any risk from the bond, Lucas placed in his hands money to the amount of §1,100. The chancery suit against Burton was gained by Lucas. Lucas then brought the suit in assumpsit for…
1Opinion of the CourtJustice Lawrence
This was a bill in chancery, filed by Lucas against Hewitt, as administrator of Jackson Baldwin, deceased, for the purpose of procuring a new trial in an action at law brought by Lucas against Baldwin, and tried at the September Term, 1864. Lucas had placed §1,100 in the hands of Baldwin to indemnify him as security on an injunction bond, with the understanding that the money should be repaid, if Lucas succeeded in the suit. He did succeed, and the suit referred to was brought to recover the money. The defense was payment, and two witnesses, one Ellifritz, and a woman named Nacy Earls, swore…
2Cited by3 opinions
- Boyden v. ReedIllinois Supreme Court · 1870
- Holton v. DavisCourt of Appeals for the Ninth Circuit · 1901
- Chapman v. HurdIllinois Supreme Court · 1873