Bostwick v. Williams
Illinois Supreme Court
Writ of ERROR to the Circuit Court of Warren county; the Hon. Charles B. Lawrence, Judge, presiding. This was an action of assumpsit, commenced in the court below, on the 12th day of August, 1862, by Archibald Williams and John H. Williams, for the use of Solomon Strauss, against George L. Bostwick, upon a promissory note executed by the defendant on the 27th day of December, 1856, payable to the plaintiffs by the name and ■ style of A. and J. H. Williams, or bearer, on or…
Read the full summary
Writ of ERROR to the Circuit Court of Warren county; the Hon. Charles B. Lawrence, Judge, presiding. This was an action of assumpsit, commenced in the court below, on the 12th day of August, 1862, by Archibald Williams and John H. Williams, for the use of Solomon Strauss, against George L. Bostwick, upon a promissory note executed by the defendant on the 27th day of December, 1856, payable to the plaintiffs by the name and ■ style of A. and J. H. Williams, or bearer, on or before the 1st day of January, 1859, for the sum'of $583.33,- with six-per cent, interest. • The defense interposed is…
1Opinion of the CourtJustice Beeese
It is a strong presumption that the note was given for the land, and in the absence of any proof to rebut it, the presumption must prevail.
The contract with the plaintiffs was, that on payment of the notes with the interest, -they would execute and deliver to defendant a good and sufficient deed of general warranty for the premises, and the defendant was to take immediate possession of the same.
It is in proof that before suit brought, on the very day of its commencement, plaintiffs presented the note to defendant for payment, and tendered him a warranty deed in the usual form, dated December…
2Cited by14 opinions
- Biwer v. MartinIllinois Supreme Court · 1920
- Peoples' Savings Bank Co. v. ParisetteOhio Supreme Court · 1903
- Sloan v. WilliamsIllinois Supreme Court · 1891
- Brown v. LoberIllinois Supreme Court · 1979
- Kreinbring v. MathewsOregon Supreme Court · 1916
9 more not listed; retrieve them via the Exa API.