Legal Opinion

Smith v. Moore

Illinois Supreme Court

Decided December 15, 1842Published

This cause was heard in the Court below, at the April term, 1841, before the Hon. Sidney Breese. Judgment was rendered for the plaintiff, and the cause brought to this Court by writ of error.

1Opinion of the CourtTreat, Justice

This was an action brought before a justice of ihe ¡peace, in the-name of John Moore, for the use of Cowles & Co., against Smith, and taken by appeal for the Madison Circuit Court. It was there-tried by the Court, and judgment rendered against Smith for $47.50; to reverse which he has appealed to this Court. It appears, from á bill of exceptions taken on the trial in the Circuit Court, that the action was on a note made by Smith to Moore, and by him assigned to Cowles & Co., without recourse; that Smith, to prove his defence, called Moore as a witness, and at the same time offered to prove…

2Cases cited1 opinion

  1. Benjamin v. CoventryNew York Supreme Court · 1838

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