Gordon v. Goodell
Illinois Supreme Court
Writ of Error to the Circuit Court of Kankakee County; the Hon. Charles R. Starr, Judge, presiding. On the 25th day of October, 1858, ¡Robert Goodell executed his promissory note, for the sum of $300, payable to S. & B. Taylor, twelve months after date, with interest at ten per cent, after maturity.
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Writ of Error to the Circuit Court of Kankakee County; the Hon. Charles R. Starr, Judge, presiding. On the 25th day of October, 1858, ¡Robert Goodell executed his promissory note, for the sum of $300, payable to S. & B. Taylor, twelve months after date, with interest at ten per cent, after maturity. One year thereafter, Goodell executed to the same parties, another note for the sum of $45. Powers of attorney were given, authorizing a confession of judgment on each .of the notes. Seth W. Gordon, having become the assignee of the notes, and they remaining unpaid at maturity, procured judgment…
1Opinion of the CourtJustice Breese
Among the errors assigned on this record which we deem material to notice are the following: In refusing plaintiff’s motion for leave to submit to a nonsuit; in refusing his motion to vacate the judgment, and in refusing certain instructions asked for by the plaintiff.
The record shows a regular trial, pending before a jury, on issues made up by the parties. After the evidence was closed, and before the cause was submitted, the plaintiff asked leave to take a nonsuit, which the court denied, and exception taken.
By our practice act it is provided that every person desirous of suffering a…
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