Borah v. Curry
Illinois Supreme Court
This was an action originally commenced before a justice of " ri£he peace, and taken by appeal to the Circuit Court of Wayne county. The cause was there tried before Harlan, Judge, and a' jury, at March term, 1849, when a verdict was found and a judgment thereon entered for the defendants." The note sued on is set out in the opinion of the Court."
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This was an action originally commenced before a justice of " ri£he peace, and taken by appeal to the Circuit Court of Wayne county. The cause was there tried before Harlan, Judge, and a' jury, at March term, 1849, when a verdict was found and a judgment thereon entered for the defendants." The note sued on is set out in the opinion of the Court." The bill of exceptions taken in the' case, shows that the defendants resided together when the note'was given, that when the note became "due they had over 400 bushels of corn- ready to measure, "but no one came' to receive.it; that the'eorn was not…
1Opinion of the CourtTrumbull, J.
This action was originally commenced before a justice of the peace upon the following note: “ On or before the twenty-fifth of December next, we or either of ns promise to pay Nathan Crews forty dollars, which may be discharged in good sound corn at twenty cents per bushel, for value received of him, this 18th of April, 1848.” The note was subscribed by the defendants, and had been duly assigned by Crews, the payee, to the plaintiff.
In the Circuit Court, the defendants had judgment, the correctness of which depends entirely upon the question, whether "the makers of the note could discharge it…
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