Mitchell v. Brewster
Illinois Supreme Court
This was an action of assumpsit, brought by the plaintiffs in error, in the Stephenson Circuit Court, to recover the amount of two promissory notes, executed by defendants in error. The declaration was in the usual form; the notes declared on were as follows: “$1,000. Freeport, III., May 30, 18S9. Thirty days after date, for value received, we promise to pay James Mitchell & Co., or order, one thousand dollars, with ten per cent, interest after due, for money loaned.
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This was an action of assumpsit, brought by the plaintiffs in error, in the Stephenson Circuit Court, to recover the amount of two promissory notes, executed by defendants in error. The declaration was in the usual form; the notes declared on were as follows: “$1,000. Freeport, III., May 30, 18S9. Thirty days after date, for value received, we promise to pay James Mitchell & Co., or order, one thousand dollars, with ten per cent, interest after due, for money loaned. Payable at Stephenson County Bank. ■ J. K. BREWSTER, By J. M. Brewster. J. M. Brewster, Security.” “$312. • Freeport, III.,…
1Opinion of the CourtWalker, J.
The evidence in this record seems to establish the fact, that plaintiffs in error ratified the judgment entered by confession in their favor, against John K. Brewster, one of the makers of the notes sued upon in this case, if it does not show that it was confessed by their procurement. Putnam, one of the plaintiffs, filed amaffidavit in the office of the circuit clerk, in which he stated, that plaintiffs had recovered this judgment, and they had an execution issued thereon, which had been returned, no property found, and prayed garnishee process against Joseph M. Brewster, and other persons…
2Cases cited1 opinion
- Thompson v. EmmertIllinois Supreme Court · 1854
3Cited by3 opinions
- People v. HarrisonIllinois Supreme Court · 1876
- Schott v. YoureeIllinois Supreme Court · 1892
- In re PeaseDistrict Court, N.D. Illinois · 1887