Legal Opinion

Benjamin v. McConnell

Illinois Supreme Court

Decided December 15, 1847PublishedCited by 18 opinions

Debt, originally brought in the Pike Circuit Court by the appellees against the appellant and Mark W. Delahay, whence the venue was changed by consent of parties, to the Scott Circuit Court. The cause was heard before the Hon. Samuel B. Lockwood and jury. Verdict for the appellees.

1Opinion of the Court

The Opinion of the Court was delivered by

Purple, J.

The appellees sued the appellant by petition and summons, upon a promissory note, as follows:

“On demand, for value received, we promise to pay Murray McConnell and Holloway Vansyckel, or order, two hundred and four 14o0 dollars, without defalcation, discount or set-off. December 4, 1839.

C. Benjamin & Co.”

Benjamin only was served with process, although the writ issued against both him and Delahay. Appellant pleaded,

1st. Payment;

2nd. That appellant and Delahay made the note as partners; that on the 27th day of March, A. D. 1844, appellees made…

2Cases cited3 opinions

  1. Rowley v. StoddardNew York Supreme Court · 1810
  2. De Zeng v. BaileyNew York Supreme Court · 1832
  3. Crawford v. MillspaughNew York Supreme Court · 1816

3Cited by18 opinions

  1. Porter v. Ford Motor Co.Illinois Supreme Court · 1983
  2. United States v. WainerCourt of Appeals for the Seventh Circuit · 1954
  3. Mitchell v. WeigerAppellate Court of Illinois · 1977
  4. United Romanian Meat Market & Grocery Store v. AbramsonAppellate Court of Illinois · 1920
  5. Bryan v. CreavesCourt of Appeals for the Seventh Circuit · 1943

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