Seibel v. Vaugham
Illinois Supreme Court
Appeal from the Circuit Court of Bureau county; the Hon. Edwin S. Leland, Judge, presiding. This was an action of assumpsit, brought by James H. Vaughan against Jacob Seibel, upon a promissory note given by the defendant, for §464, payable to J. B. Drake, and indorsed in blank by the payee.
Read the full summary
Appeal from the Circuit Court of Bureau county; the Hon. Edwin S. Leland, Judge, presiding. This was an action of assumpsit, brought by James H. Vaughan against Jacob Seibel, upon a promissory note given by the defendant, for §464, payable to J. B. Drake, and indorsed in blank by the payee. The defendant, among other pleas, pleaded that the consideration of the note had failed, in this: that it was given for the expected profits from the sale by the defendant of a lot of Drake’s Patent Hay Bakes (of which defendant took the agency of four towns) ; that the payee, Drake, was to furnish • the…
1Opinion of the CourtJustice Scott
The points upon which appellant relies for a reversal of the judgment are:
1st. The court erred in admitting improper evidence.
2d. The court erred in giving and refusing instructions.
3d. The verdict is contrary to the law and the evidence.
The action was upon a promissory note, and one issue made by the complicated pleadings in the case was, there was a failure of consideration. The evidence as to the utility of the invention for which the note was given, which was admitted over the objections of appellant, seems to us to have been pertinent to the issue. But if the court erred in that regard,…
2Cases cited3 opinions
- Snell v. Trustees of the Society of the Methodist Episcopal ChurchIllinois Supreme Court · 1871
- Smith v. GillettIllinois Supreme Court · 1869
- Harvey v. SmithIllinois Supreme Court · 1870
3Cited by4 opinions
- People v. RiceAppellate Court of Illinois · 1925
- Kulb v. United StatesUnited States Court of Claims · 1883
- Union Insurance v. CrosbyAppellate Court of Illinois · 1897
- German Fire Insurance v. GerberAppellate Court of Illinois · 1879