Hone v. Ammons
Illinois Supreme Court
This cause was heard at May terra, 1849, of the Clinton Circuit Court, before Underwood, Judge. The action was founded on a promissory note.
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This cause was heard at May terra, 1849, of the Clinton Circuit Court, before Underwood, Judge. The action was founded on a promissory note. The second plea was, that the note was executed and delivered for the sale of a certain negro man, then running at large in the State, who was alleged falsely and fraudulently to be a servant for life, and that plaintiff had a good right, title, and claim to said negro; whereas, in truth and in fact, said negro was not a servant for life, but was a free man; and that said note was made and executed for no good or valuable consideration. The verdict and…
1Opinion of the Court
Catón, J.
The evidence shows that a negro was seen in Clinton county the day on which the note was given; that Hone claimed that he was his runaway slave. For this negro the note was given. The defence set up by the second plea was, that the negro was a free man. I think, beyond all question, the evidence sustained this plea. The negro being in this State, the presumption of law was that he was a free man. Such have been the repeated and uniform decision of this court, and I do not feel called upon to vindicate its propriety. The moment the defendant proved that the negro was on our soil, he…
2Cited by3 opinions
- Collins v. Metropolitan Life InsuranceIllinois Supreme Court · 1907
- Schlee v. GuckenheimerIllinois Supreme Court · 1899
- Roundtree v. BakerIllinois Supreme Court · 1869