Foster v. Jared
Illinois Supreme Court
Joseph J. Jared sued Foster in assumpsit, on a promissory note. Foster plead, 1st, non-assumpsit; 2d, failure of consideration in this: One William Jared, being the owner of the legal title to a certain tract of land, sold the land to Foster, and executed his title bond, as the evidence of the agreement on his part, by which he bound himself to convey by warrantee deed, the land to Foster, upon the payment of the residue of the purchase-money, which was to be made in three…
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Joseph J. Jared sued Foster in assumpsit, on a promissory note. Foster plead, 1st, non-assumpsit; 2d, failure of consideration in this: One William Jared, being the owner of the legal title to a certain tract of land, sold the land to Foster, and executed his title bond, as the evidence of the agreement on his part, by which he bound himself to convey by warrantee deed, the land to Foster, upon the payment of the residue of the purchase-money, which was to be made in three annual instalments, of which the note sued on was given to secure the payment of the first. That William Jared, without…
1Opinion of the CourtTreat, C. J.
This was an action of assumpsit, brought by Joseph J. Jared against Hiram Foster. The declara,tion was on a promissory note, dated November 18th, 1848, for $100, payable in twelve months, made by the defendant to William Jared, and assigned by the latter to the plaintiff. The defendant pleaded, first, non-assumpsit: and second, failure of consideration in this; that William Jared, at the date of the note, sold a tract of land to the defendant, for the price of four hundred dollars, one-fourth of which was paid in hand, and the residue was to be paid in three equal installments, to secure the…
2Cited by9 opinions
- People v. ElliottIllinois Supreme Court · 1916
- Willets v. BurgessIllinois Supreme Court · 1864
- Augsberg v. MeredithAppellate Court of Illinois · 1902
- Elder v. ChapmanAppellate Court of Illinois · 1897
- Thompson v. HoppertAppellate Court of Illinois · 1905
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