Stearns v. Sweet
Illinois Supreme Court
Appeal from the Circuit Court of Will county; the Hon. Josiah McRoberts, Judge, presiding. This was an action of assumpsit, by Samuel H. Sweet, Wesley Dempster and Charles Hutchinson, partners, against Samuel C. Stearns, Herman D. Stearns, Frank Bush and Edward Aiken, upon five promissory notes.
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Appeal from the Circuit Court of Will county; the Hon. Josiah McRoberts, Judge, presiding. This was an action of assumpsit, by Samuel H. Sweet, Wesley Dempster and Charles Hutchinson, partners, against Samuel C. Stearns, Herman D. Stearns, Frank Bush and Edward Aiken, upon five promissory notes. Samuel C. Stearns, the principal, not being found, a trial was had as against the sureties, before the court, without a jury, resulting in a judgment in favor of the plaintiffs for $1000. The securities appealed.
1Opinion of the CourtJustice Scholfield
Assumpsit was brought by appellees against appellants, and another, on five promissory notes executed by the latter to the former, bearing date April 5, 1870, and payable, respectively, in four, six, eight, ten and twelve months from date, for different amounts, the precise statement of which is unnecessary for the solution of the question before us. The notes, by their terms, do not require the payment of interest.
Appellants pleaded first, non assumpsit, and secondly, that they were sureties only; that appellees were informed of that fact, and that they extended the time of payment of the…
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