Rice v. Webster
Illinois Supreme Court
This was an action in assumpsit for goods, wares and merchandise. The plaintiff here, defendant below, interposed the following plea: And the said defendant, Rice, comes and defends the wrong and injury when, etc., and says, actio non, because he says that, after the making of the said promises, in said declaration mentioned, the said plaintiffs, by J. B. Webster, their attorney, in that behalf, duly authorized, executed their certain release, under their hands and seals…
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This was an action in assumpsit for goods, wares and merchandise. The plaintiff here, defendant below, interposed the following plea: And the said defendant, Rice, comes and defends the wrong and injury when, etc., and says, actio non, because he says that, after the making of the said promises, in said declaration mentioned, the said plaintiffs, by J. B. Webster, their attorney, in that behalf, duly authorized, executed their certain release, under their hands and seals (with other persons therein named), which release is now to the court here shown, in the words and figures following: To…
1Opinion of the CourtCaton, J.
The only controverted question in this case is, whether the contract set out in the plea to which the demurrer was sustained is, in law, a release of Wiley, one of the joint promissors and a defendant in the action, for it is not controverted that, if Wiley was released, then was Eice also released.
Tire intention of the parties was to release Wiley, and we think that intention was effected. The covenantors “covenant with said Wiley that we will not, at §my time hereafter, arrest, attach, seize, take or levy upon the property or body of the said Wiley, by reason of any claim we now have…
2Cited by19 opinions
- Hulke v. International Manufacturing Co.Appellate Court of Illinois · 1957
- Parmelee v. LawrenceIllinois Supreme Court · 1867
- Hipwell v. the National Surety Co.Supreme Court of Iowa · 1905
- Porter v. Ford Motor Co.Illinois Supreme Court · 1983
- United States v. WainerCourt of Appeals for the Seventh Circuit · 1954
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