Riley v. Loughrey
Illinois Supreme Court
This was an action of debt, commenced by appellee against appellant, in the Circuit Court of Bureau county, to the January term, 1858. Appellee filed his declaration in the case, containing three special counts, and the common counts. The special counts are on a sealed note, alleged to have been given by the appellant to Mary Loughrey, the intestate, on the 16th of February, 1852, for $184.18, with interest at ten per cent, from date.
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This was an action of debt, commenced by appellee against appellant, in the Circuit Court of Bureau county, to the January term, 1858. Appellee filed his declaration in the case, containing three special counts, and the common counts. The special counts are on a sealed note, alleged to have been given by the appellant to Mary Loughrey, the intestate, on the 16th of February, 1852, for $184.18, with interest at ten per cent, from date. The common counts are for money had and received, etc., to the use of Mary Loughrey, the intestate ; and declaration concludes with averments of the issuing of…
1Opinion of the CourtBreese, J.
The amended special plea sets up no legal defense to the action on the note, even if it was well pleaded. A surrender by the widow of the payee of the notes, and taking the note sued on to herself, would be good and binding on the appellant for quo ad hoc, she may be regarded as an executrix de. son tort. Whatever is honestly done by one acting in that character, and not contrary to law, is binding between the parties. A settlement made in good faith with such an executor is valid. Bacon’s Abr., Executors and Administrators, 27 ; Hawkins v. Johnson, 4 Blackf. 21.
But there is another ground on…
2Cases cited1 opinion
- Hawkins v. JohnsonIndiana Supreme Court · 1835
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