Legal Opinion

Hawks v. Lands

Illinois Supreme Court

Decided December 15, 1846PublishedCited by 1 opinion

Assumpsit in the McLean Circuit Court, brought by the defendant in error against the plaintiff in error, and heard before the Hon. Samuel H. Treat without the intervention of a jury, at the September term 1841, when a judgment was rendered in favor of the plaintiff below for $419-43. The pleadings and ruling of the Court below are stated in the Opinion.

1Opinion of the Court

The Opinion of the Court was delivered by

Purple, J.*

This was an action of assumpsit commenced by Lands against Hawks, in the Circuit Court of McLean county. The declaration contained three counts:

First, for money lent and advanced, paid, laid out and expended, and for money had and received to the use of the defendant in error;

Second, upon an account stated;

Third, upon a special count alleging that Lands and Hawks had been partners in trade and had dissolved; that the property and claims of the firm had been transferred to Hawks, who had agreed to pay all the debts of the firm; that Hawks had…

2Cases cited2 opinions

  1. Ewing v. FrenchIndiana Supreme Court · 1822
  2. Kelly v. DuignanIndiana Supreme Court · 1831

3Cited by1 opinion

  1. American Laundry Machinery Co. v. BarrAppellate Court of Illinois · 1912

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