Roberts v. Applegate
Illinois Supreme Court
Writ of Error to the Appellate Court for the Third District;—heard in that court on writ of error to the Circuit Court of Hancock county; the Hon. Charles J. Scofield, Judge, presiding.
Read the full summary
Writ of Error to the Appellate Court for the Third District;—heard in that court on writ of error to the Circuit Court of Hancock county; the Hon. Charles J. Scofield, Judge, presiding. Defendant in error brought his bill of complaint in the Hancock circuit court December 5, 1890, to foreclose a mortgage given by plaintiff in error April 5, 1888, to secure two promissory notes of the same date, for §750 each, given by the latter to the former, and payable, one in one year and the other in two years, with interest at six per cent. Eoberts set up in his answer that the notes were given for a…
1Opinion of the CourtJustice Carter
The only question involved in this case is, whether or not Applegate warranted that the stallion, for which the notes were given, was a pure-bred English shire-horse, registered as and entitled to the name and number of “Young Wonder, No. 2957.,” and was an ordinary foal-getter.
Eoberts testified, in substance, that he went to Apple-gate, who had a number of imported horses, and told him he wanted an imported, straight-bred, registered horse ; that Applegate showed him the horse in question, and represented him as a highly-bred horse of his class ; that Applegate said he had imported that…
2Cases cited1 opinion
- Adams v. JohnsonIllinois Supreme Court · 1854
3Cited by2 opinions
- Wiener v. Lincoln Crushed Stone Co.Appellate Court of Illinois · 1922
- Central Commercial Co. v. Lehon Co.Appellate Court of Illinois · 1912