Whetstone v. Colley
Illinois Supreme Court
Appeal from the Circuit Court of Adams county; the Hon. J. Sublet, Judge, presiding. This was an action of assumpsit. The declaration contains three special counts and common counts.
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Appeal from the Circuit Court of Adams county; the Hon. J. Sublet, Judge, presiding. This was an action of assumpsit. The declaration contains three special counts and common counts. The first count is as follows: “ Thomas Colley, the plaintiff in this suit, complains of Abijah Whetstone, the defendant herein, in a plea of trespass on the case upon promises, for that whereas heretofore, to wit, on the 17th day of July, A. D. 1862, to wit, at the county aforesaid, said defendant, in consideration of one hundred and fifty dollars in gold then and there delivered the said defendant by said…
1Opinion of the CourtJustice Breese
This was an action of assumpsit oh a promissory note of the following tenor:
“ $150. On or before the first of March next, for value received, I promise to pa,y Thomas Colley one hundred and fifty dollars, with ten per cent, interest from date, in gold. July 17, 1862.”
It is averred in the first count of the declaration, that at the time the note matured, one hundred and fifty gold dollars, with the interest thereon, were of the value of five hundred dollars, and that the defendant did not deliver the gold upon demand made, but refused so to do ; by means whereof, the defendant became liable to…
2Cited by4 opinions
- Humphrey v. ClementIllinois Supreme Court · 1867
- McGoon v. ShirkIllinois Supreme Court · 1870
- Reinback v. CrabtreeIllinois Supreme Court · 1875
- Louisville, New Albany & Chicago Railway Co. v. State ex rel. WardIndiana Court of Appeals · 1893