Kent v. Barnes
Appellate Court of Illinois
Transcript, from a justice of the peace. Appeal from the County Court of McLean County; the Hon. Colostin D. Myers, Judge, presiding. Heard in this court at the May term, 1897. Affirmed. Opinion filed December 2, 1897.
1Opinion of the Court
Mr. Presiding Justice Harker
delivered the opinion of the Court.
This is a suit upon á promissory note for $150, payable in one year, executed by appellant to one W. W. Salisbury, and assigned to appellee before maturity. The consideration of the note was the promise of Salisbury, as a physician, to cure appellant’s wife and son of a disease known as tubei’culosis of the bone. The disease was at the time incurable, and that fact was ascertainable to a physician of ordinary skill and knowledge.
The suit was defended upon the grounds that the consideration for which the 'note was given had failed,…
2Cases cited5 opinions
- Comstock v. HannahIllinois Supreme Court · 1875
- Matson v. AlleyIllinois Supreme Court · 1892
- Shreeves v. AllenIllinois Supreme Court · 1875
- Murray v. BeckwithIllinois Supreme Court · 1875
- National Bank of America v. National BankIllinois Supreme Court · 1897
3Cited by1 opinion
- Smith v. ArmstrongCalifornia Court of Appeal · 1927