Stuhl v. Shipp
Illinois Supreme Court
Writ of Error to the Circuit Court of Livingston county. On the 16th day of February, 1865, Julius Stuhl executed his promissory note as follows: “ $200.00. ' Pontiac, February 16, 1865. “ Thirty days after date, for value received, I promise to pay to the order of Jacob Countryman, $200, with interest at ten per cent per annum until due, and if not paid when due, then at the rate of ten per cent per annum, as liquidated damages, until paid. JULIUS STUHL.”
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Writ of Error to the Circuit Court of Livingston county. On the 16th day of February, 1865, Julius Stuhl executed his promissory note as follows: “ $200.00. ' Pontiac, February 16, 1865. “ Thirty days after date, for value received, I promise to pay to the order of Jacob Countryman, $200, with interest at ten per cent per annum until due, and if not paid when due, then at the rate of ten per cent per annum, as liquidated damages, until paid. JULIUS STUHL.” On the same day, the maker of the note executed, in the usual form, a power of attorney to confess a judgment on the note. The payee…
1Opinion of the Court
Per Curiam :
The case of Hinds v. Hopkins, 28 Ill. 351, was so far modified in Rising v. Brainard, 36 Ill. 80, as to render it necessary to apply to the court below to set aside a judgment by confession, and to show some equitable reason therefor, before this court will reverse on the ground that the power of attorney was more than a year and a day old, or its execution not duly proven. This court also held in Iglehart v. Morris, 34 Ill. 503, that when the judgment was within the ad damnum laid in the declaration, it would not be reversed because it might appear to be for an amount greater…
2Cited by4 opinions
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- Seaver v. SiegelAppellate Court of Illinois · 1894