Stevenson v. Sherwood
Illinois Supreme Court
This was an. action of assumpsit on an assigned note, brought by appellee against appellant. The declaration has one special count declaring on a note, given by Stevenson to one T. Sweet, for $700, with twelve per cent, interest, dated 16th July, 1841, and by Sweet indorsed to Sherwood. There was a plea of the general issue, and a special plea of payment of the note to Sweet, while he was holder and owner of it. To the special plea, there was not any replication.
Read the full summary
This was an. action of assumpsit on an assigned note, brought by appellee against appellant. The declaration has one special count declaring on a note, given by Stevenson to one T. Sweet, for $700, with twelve per cent, interest, dated 16th July, 1841, and by Sweet indorsed to Sherwood. There was a plea of the general issue, and a special plea of payment of the note to Sweet, while he was holder and owner of it. To the special plea, there was not any replication. At June term, 1857, defendant moved for a continuance, and in support of his motion read the following affidavits : John D.…
1Opinion of the CourtBreese, J.
The point made on the unanswered plea is disposed of by the decision of this court, in the case of Parmelee v. Fischer, ante, 212. As to the diligence used to obtain the testimony the appellant desired, we think none such was shown as to justify a continuance. He should not have been content with merely writing. In these days of rapid communication and cheap traveling, something more than letters and inquiries, will be required.
This case was tried by the court in place of a jury, and on announcing that the issue was found for the plaintiff, a motion for a new trial and in arrest of judgment…
2Cited by5 opinions
- Knowles v. BlueSupreme Court of Alabama · 1923
- Charlesworth v. American Express Co.Supreme Judicial Court of Maine · 1918
- Portland & O. C. Ry. Co. v. SandersOregon Supreme Court · 1917
- Mayer v. LawrenceAppellate Court of Illinois · 1895
- Mann v. OberneAppellate Court of Illinois · 1884