Hennessey v. Hill
Illinois Supreme Court
Writ or Error to the Court of Common Pleas of the city of Elgin, Kane county;the Hon. Richard T. Montony, Judge, presiding.
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Writ or Error to the Court of Common Pleas of the city of Elgin, Kane county;the Hon. Richard T. Montony, Judge, presiding. This was an action of assumpsit, originally brought by James Hennessey, against John Y. Hill, before a justice of the peace, and afterwards appealed to the court of common pleas of the city of Elgin, Kane county, to recover on the following obligation, written on the back of an attachment writ, against one Andrew Ashbaugh: “ Rutland, April 16, 1868. “ I, John Y. Hill, hold myself special bail to James Hennessey, constable, for the debt, interest and costs on this…
1Opinion of the CourtChief Justice Breese
The evidence fails to show any consideration for this undertaking of defendant in error, and this instruction to the jury was proper and the verdict correct:
“ That unless' the jury believe from the evidence in this case that the said plaintiff, at the time of the execution of the writing on the back of the attachment, had levied, or intended to levy on the property of Ashbaugh, then there was not a consideration in law for the contract or bail, signed by the defendant, and the jury should find for the defendant.”
The plaintiff had not attached the property, and there was, therefore, no…
2Cited by3 opinions
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- Morgan v. Park National BankAppellate Court of Illinois · 1892
- Voorhees v. ReedAppellate Court of Illinois · 1885