Legal Opinion

Calhoun v. O'Neal

Illinois Supreme Court

Decided January 15, 1870PublishedCited by 5 opinions

Appeal from the Circuit Court of McLean county; the Hon. John M. Scott, Judge, presiding. This was a suit on a promissory note, brought by Samuel V. Calhoun against William M. and John C.'O’Neal and William Beeler.

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Appeal from the Circuit Court of McLean county; the Hon. John M. Scott, Judge, presiding. This was a suit on a promissory note, brought by Samuel V. Calhoun against William M. and John C.'O’Neal and William Beeler. It appears that Samuel V. Calhoun and his brother, John Y. Calhoun, were the owners of fifty-eight cashmere goats, which they sold to William M. and John C. O’Neal, the latter paying therefor the sum of $3800, $500 down, one note on which this suit was brought, for $1300, due in one year, to the plaintiff, Samuel V. Calhoun, and the balance in two notes of $1000 each, due in two…

1Opinion of the CourtJustice Walker

This was an action of debt, brought by appellant, in the McLean circuit court, against appellees, on a promissory note. The declaration contained a special count on the note, with the common counts. Defendants filed pleas of non est factum and nil debet. The parties stipulated that under those pleas, upon the trial, anything might be given in evidence which could be admitted under proper pleas and replications, if filed by the parties. The jury found a verdict for appellees, whereupon plaintiff below entered a motion for a new trial, which was overruled, and judgment rendered on the verdict,…

2Cases cited2 opinions

  1. Crozier v. CooperIllinois Supreme Court · 1852
  2. Stetham v. ShoultzIllinois Supreme Court · 1855

3Cited by5 opinions

  1. Krug v. WardIllinois Supreme Court · 1875
  2. Wilson v. PeopleIllinois Supreme Court · 1880
  3. Booth v. TabbernorAppellate Court of Illinois · 1887
  4. City of Chicago v. McNallyAppellate Court of Illinois · 1906
  5. Cully v. People ex rel. DunlapAppellate Court of Illinois · 1898

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