Banta v. Palmer
Illinois Supreme Court
Appeal from the Circuit Court of Morgan county; the Hon. Charles D. Hodges, Judge, presiding. This was an action of assumpsit, brought by the appellee against the appellant, in the court below, to recover back certain moneys alleged to have been fraudulently obtained from him by appellant, in the purchase of certain lands.
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Appeal from the Circuit Court of Morgan county; the Hon. Charles D. Hodges, Judge, presiding. This was an action of assumpsit, brought by the appellee against the appellant, in the court below, to recover back certain moneys alleged to have been fraudulently obtained from him by appellant, in the purchase of certain lands. The cause was tried before a jury, who rendered a verdict for the plaintiff for $430.00. A motion for a new trial was made, which the court overruled, and entered judgment upon the verdict, whereupon an appeal was taken to this court. The further facts in the case are fully…
1Opinion of the CourtJustice Lawrence
In this case the parties were both sworn, and the plaintiff, on his examination in chief, testified that in August or September, 1866, the defendant proposed to him that they jointly buy, from one Warner, eighty acres of land, at eiglity-five dollars per acre, and that plaintiff should have one-half, and defendant the other; that plaintiff agreed to this, and defendant was to make the purchase in his own name; that the purchase was made in October, and Warner conveyed to plaintiff one-half the land, and plaintiff paid for it at the rate of eighty-five dollars per acre, which, defendant told…
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