Hume Bros. v. Moss
Illinois Supreme Court
Appeal from the Circuit Court of Edgar county; the Hon. James Steele, Judge, presiding. This was an action of assumpsit by the appellants against appellees upon a promissory note of $5000. The defendants below pleaded that on the day of the date of the note a certain contract under seal was made and entered into between the plaintiffs and defendants, as follows: The contract is then set out in hcec verba, from which it appeared that the plaintiffs sold to the defendants 1000…
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Appeal from the Circuit Court of Edgar county; the Hon. James Steele, Judge, presiding. This was an action of assumpsit by the appellants against appellees upon a promissory note of $5000. The defendants below pleaded that on the day of the date of the note a certain contract under seal was made and entered into between the plaintiffs and defendants, as follows: The contract is then set out in hcec verba, from which it appeared that the plaintiffs sold to the defendants 1000 head of smooth, merchantable, corn-fat hogs, to average not less than 240 pounds gross weight, to be delivered in the…
1Opinion of the CourtJustice Scott
The declaration in this case counts on a promissory note. In the second plea filed by the appellees it is averred that the note was given to secure the performance of a certain contract between the appellants and the appellees, and that there was no other consideration for the note.
The contract between the parties is under seal, and by the terms of the contract, the appellants agreed to deliver to the appellees and the appellees agreed to receive them, 1000 head of hogs, of a certain weight and quality, at a price and by a day stated in the agreement.
To secure the prompt performance of this…
2Cases cited4 opinions
- Delacroix v. BulkleyNew York Supreme Court · 1834
- Sinard v. PattersonIndiana Supreme Court · 1834
- Eddy v. GravesNew York Supreme Court · 1840
- State v. WaterhouseTennessee Supreme Court · 1827
3Cited by20 opinions
- Fuchs v. PetersonIllinois Supreme Court · 1925
- Ryan v. CookeIllinois Supreme Court · 1898
- Barnett v. BarnesIllinois Supreme Court · 1874
- Merchants State Bank v. RuettellNorth Dakota Supreme Court · 1903
- Gilbert v. CoonsAppellate Court of Illinois · 1890
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