Bassett v. Lawrence
Illinois Supreme Court
Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Jesse ' Holdom, Judge, presiding. This was assumpsit on a promissory note for $1000, made by appellant June 3,1893, payable to appellee in ninety days, with interest at six per cent per annum.
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Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Jesse ' Holdom, Judge, presiding. This was assumpsit on a promissory note for $1000, made by appellant June 3,1893, payable to appellee in ninety days, with interest at six per cent per annum. The defenses pleaded were, first, payment; second, that an account was stated between the parties, and it was found that plaintiff owed defendant divers sums in excess of the amount claimed in the declaration, and that it was agreed between them that each would,…
1Opinion of the CourtJustice Carter
The ultimate question in this case is, was the indebtedness created by the note sued on included in the agreement and release of January 1, 1896? There can be no , doubt that the court decided correctly in refusing to instruct the jury that it was so included, or, which was, in. effect, the same thing, to instruct the jury to find a verdict for the defendant. We are of the opinion that the agreement of January 1, 1896, canceling the original contract and releasing each of the parties therefrom, does not include the indebtedness evidenced by the note sued on. The law is, that “general words of…
2Cases cited3 opinions
- Blair v. Chicago & Alton RailroadSupreme Court of Missouri · 1886
- Todd v. MitchellIllinois Supreme Court · 1897
- Lyman v. ClarkMassachusetts Supreme Judicial Court · 1812
3Cited by9 opinions
- Landers v. WhitneyCalifornia Supreme Court · 1916
- Perschke v. Westinghouse Electric Corp.Appellate Court of Illinois · 1969
- Ford v. Ford Manufacturing Co.Appellate Court of Illinois · 1921
- Kerr v. SchremppAppellate Court of Illinois · 1945
- Chicago Union Traction Co. v. O'ConnellIllinois Supreme Court · 1906
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