Howlett v. Mills
Illinois Supreme Court
This was an action of assumpsit brought by Mills et al. against A. B. Sears and the plaintiff in error, (H. G. Howlett,) as partners under the firm of A. B. Sears & Co. The declaration was filed September, 1857, counting on three promissory notes described therein, and an account for merchandise. Howlett, one of the defendants below, (plaintiff in error here,) filed a plea that the “ said defendants did not promise,” etc., as alleged; concluding to the country.
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This was an action of assumpsit brought by Mills et al. against A. B. Sears and the plaintiff in error, (H. G. Howlett,) as partners under the firm of A. B. Sears & Co. The declaration was filed September, 1857, counting on three promissory notes described therein, and an account for merchandise. Howlett, one of the defendants below, (plaintiff in error here,) filed a plea that the “ said defendants did not promise,” etc., as alleged; concluding to the country. On the 26th of December, 1857, Howlett filed two additional pleas; one a special non-assumpsit “ that he did not undertake and…
1Opinion of the CourtWalker, J.
This was an action of assumpsit, instituted by Mills and others against Howlett and A. B. Sears as partners, on three promissory notes. On the 19th of October, 1857, Howlett filed a plea of the general issue, and on the 26th of December following he filed a plea of non-assumpsit, and a special plea, which alleged, that he and Sears made and executed a deed of assignment of a large amount of real and personal property, by which they conveyed it to an assignee for the benefit of their creditors, and that defendants in error were included in the number, and that the same was of more than…
2Cited by6 opinions
- McCreary v. GewinnerSupreme Court of Georgia · 1898
- Rowe v. PhillipsAppellate Court of Illinois · 1919
- International Shoe Co. v. ClineAppellate Court of Illinois · 1935
- Acme Harvesting Machine Co. v. BenedictMontana Supreme Court · 1920
- Marshall Field & Co. v. ObelerAppellate Court of Illinois · 1929
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