Legal Opinion

Lovejoy v. Steele

Appellate Court of Illinois

Decided February 3, 1886PublishedCited by 5 opinions

Appeal from the Superior Court of Cook county; the lion. Sidney Smith, Judge, presiding. This was debt upon an appeal bond brought by Edward T. Stelle, for the use of William H. Sisson against George T. Lovejoy, impleaded with Hebron Clafiin. Breaches were assigned, to which several pleas were pleaded.

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Appeal from the Superior Court of Cook county; the lion. Sidney Smith, Judge, presiding. This was debt upon an appeal bond brought by Edward T. Stelle, for the use of William H. Sisson against George T. Lovejoy, impleaded with Hebron Clafiin. Breaches were assigned, to which several pleas were pleaded. Upon the trial by jury, the court, by peremptory instruction, directed the jury to find for plaintiff, debt three hundred dollars, and damages two hundred and seventy-five dollars and fifty-nine cents, for which judgment was given, and Lovejoy appealed to this court. It appears from the record,…

1Opinion of the CourtMcAllister, J.

It is a general rule that an action at law upon a contract must be brought in the name of the party in whom the legal interest in the contract is vested. Dix. for use, etc. v. Mercantile Ins. Co., 22 Ill. 272; Larned v. Carpenter, 65 Ill. 543. A.n action of debt for the penalty of a bond is strictly a legal action brought to enforce a legal right. The penalty is one entire thing and can only be claimed by the obligee in the bond or his legal representatives. Sanders v. Filley, 12 Pick. 544.

The question in this case is whether the action upon the bond was properly brought in the name of…

2Cases cited5 opinions

  1. Austin v. . MunroNew York Court of Appeals · 1872
  2. Dix v. Mercantile InsuranceIllinois Supreme Court · 1859
  3. Funk v. NewcomerCourt of Appeals of Maryland · 1856
  4. White v. . JoyNew York Court of Appeals · 1855
  5. Larned v. CarpenterIllinois Supreme Court · 1872

3Cited by5 opinions

  1. Montgomery Ward & Co. v. United Retail, Wholesale & Department Store Employees of AmericaAppellate Court of Illinois · 1952
  2. United Mail Order, Warehouse & Retail Employees Union, Local 20 v. Montgomery Ward & Co.Appellate Court of Illinois · 1955
  3. In re Marriage of RodriguezAppellate Court of Illinois · 1988
  4. Montgomery Ward & Co. v. United Retail, Wholesale & Department Store Employees of AmericaAppellate Court of Illinois · 1952
  5. People ex rel. Von Bergen v. GroszglasAppellate Court of Illinois · 1910

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