Smalley v. Edey
Illinois Supreme Court
ERROR TO MACOUPIN. This suit was instituted to the Macoupin Circuit Court. The declaration contains two special counts : 1st. Eor that whereas, heretofore, to wit, on the 22nd day of April, 1850, at, etc., the said defendant made his promise, in writing, for value received, and delivered the same to the plaintiff in the words and figures following, to wit: I do hereby agree to pay to Mr. Biehard A; Edey one hundred and forty-eight dollars and twenty-seven cents, provided I…
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ERROR TO MACOUPIN. This suit was instituted to the Macoupin Circuit Court. The declaration contains two special counts : 1st. Eor that whereas, heretofore, to wit, on the 22nd day of April, 1850, at, etc., the said defendant made his promise, in writing, for value received, and delivered the same to the plaintiff in the words and figures following, to wit: I do hereby agree to pay to Mr. Biehard A; Edey one hundred and forty-eight dollars and twenty-seven cents, provided I do not settle said amount with Biehard Hoover, and Mr. Edey is compelled to pay the same to said Hoover. I will settle…
1Opinion of the CourtSkinner, J.
Edey sued Smalley in assumpsit, declaring, in the first count, upon an instrument in writing, set out in hcec verba as follows:
“ I do agree to pay Richard A. Edey one hundred and forty-eight dollars and twenty-seven cents, provided I do not settle said amount with Richard Hoover, and Mr. Edey is compelled to pay the same to said Hoover. I will settle the same with Hoover in thirty days, if practicable, or as soon as said Edey has to pay Hoover the money. John B. Smalley.”
The declaration also contained the common counts, for certain land sold, and so forth. The defendant pleaded the general…
2Cited by19 opinions
- Philipowski v. SpencerTexas Supreme Court · 1885
- Trego v. Estate of CunninghamIllinois Supreme Court · 1915
- La Salle National Bank, Not Personally but as Trustee, Under Trust No. 17365 and Aaron B. Weiner v. 222 East Chestnut Street CorporationCourt of Appeals for the Seventh Circuit · 1959
- Leake v. BrownIllinois Supreme Court · 1867
- Taylor v. MattesonWisconsin Supreme Court · 1893
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