Jones v. Council Bluffs Branch of the State Bank of Iowa
Illinois Supreme Court
Appeal from the Superior Court of Chicago. This was an action of assumpsit, brought by the appellees against the appellants, on a certain bill of exchange which appellants had promised to accept. The plaintiffs below the recovered a verdict and judgment and the defendants appealed. The bill was drawn by Green & Stone on Jones & Culbertson, at Chicago, and payable in New York exchange, sixty days after date, to the order of J. D. Lockwood, cashier.
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Appeal from the Superior Court of Chicago. This was an action of assumpsit, brought by the appellees against the appellants, on a certain bill of exchange which appellants had promised to accept. The plaintiffs below the recovered a verdict and judgment and the defendants appealed. The bill was drawn by Green & Stone on Jones & Culbertson, at Chicago, and payable in New York exchange, sixty days after date, to the order of J. D. Lockwood, cashier. The following agreement, drawn up by Culbertson, one of the appellants, and signed by Green & Stone, was produced by the appellants on the trial of…
1Opinion of the CourtJustice Beckwith
This is an action of assumpsit to recover the sum of money mentioned in a draft dated July 16, 1861, drawn by Green & Stone on the appellants, alleged to have been verbally accepted by them, but protested for non-acceptance. The defense was, that the promise of the appellants to accept did not constitute an acceptance; that such promise was obtained by fraud, and that its consideration had failed. On the trial the plaintiffs offered in evidence the draft and a written agreement of Green & Stone, dated August 1, 1861, by which they transferred to the appellants all their interest in certain…
2Cases cited1 opinion
- Atlantic Insurance v. WrightIllinois Supreme Court · 1859
3Cited by5 opinions
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- Cunnea v. WilliamsAppellate Court of Illinois · 1882
- Miles & Miles, Inc. v. MeyerAppellate Court of Illinois · 1929
- Monahan v. LoveceAppellate Court of Illinois · 1897
- Scofield v. Wabash Railway Co.Appellate Court of Illinois · 1919