Stratton v. Henderson
Illinois Supreme Court
This was an action of debt on a penal bond, for $2,000, commenced by the defendants in error against the plaintiff in error, in the Cook County Court of Common Pleas, (now the Superior Court of Chicago). The writ of summons claimed $500 for damages. The defendants moved to strike the plaintiffs’ declaration from the files of the court, on the ground of a variance between the amount of damages therein stated, and the amount claimed in the summons.
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This was an action of debt on a penal bond, for $2,000, commenced by the defendants in error against the plaintiff in error, in the Cook County Court of Common Pleas, (now the Superior Court of Chicago). The writ of summons claimed $500 for damages. The defendants moved to strike the plaintiffs’ declaration from the files of the court, on the ground of a variance between the amount of damages therein stated, and the amount claimed in the summons. Leave was given to the plaintiffs tó amend their writ, and the amount of damages claimed in the writ was thereupon altered to “ two thousand…
1Opinion of the CourtBreese, J.
We do not consider any of the errors assigned, or points made by the plaintiffs in error, as substantial. The action was debt upon a bond for two thousand dollars, with a condition. The first count, is on the penal part of the bond only. The second and third counts on the bond setting out the condition with the proper breach, and damages claimed to two thousand dollars. The defendants pleaded nil debet, with notice that- they would give in evidence the payment of the damages before suit brought.
The plaintiffs put in evidence the bond sued on, tallying in every respect with the bond described…
2Cited by6 opinions
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- Hippach v. First National BankAppellate Court of Illinois · 1897
- Bowlan v. LambkaAppellate Court of Illinois · 1895
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