Legal Opinion

Graff v. Simmons

Illinois Supreme Court

Decided January 15, 1871PublishedCited by 1 opinion

Appeal from the Circuit Court of Morgan county; the Hon. Charles D. Hodges, Judge, presiding. This was an action of assumpsit, brought by Graff against Simmons, on a promissory note executed by the latter in favor of the Winnesheik Insurance Company, and afterwards assigned to the plaintiff. The note was given for the cash premium on a policy of insurance issued by that company on the property of the defendant, the receipt of the premium being acknowledged in the policy.

1Opinion of the CourtJustice Scott

'delivered the opinion of the Court :

This cause was originally commenced before a justice of the peace, by the appellant against the appellee, upon a promissory note. From the judgment of the justice of the peace, an appeal was prosecuted to the circuit court, where a trial was again had, which resulted in a verdict for the appellee. The appellant brings the cause to this court, and seeks a reversal, on the ground, first, that the verdict is against the weight of the evidence, and second, that the instructions given at the request of the appellee were erroneous.

The note upon which the action…

2Cases cited3 opinions

  1. Illinois Central Insurance v. WolfIllinois Supreme Court · 1865
  2. Ashlock v. LinderIllinois Supreme Court · 1869
  3. Eames v. BlackHartIllinois Supreme Court · 1850

3Cited by1 opinion

  1. Wood v. OlsonAppellate Court of Illinois · 1904

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