Scott v. Thomas
Illinois Supreme Court
This was an action of assumpsit commenced in the St. Clair Circuit Court, by the appellee against the appellant. The cause was tried at the April term, 1831, before the Hon. Theophilus W. Smith and a jurjr, and a verdict rendered for the appellee for #114,40. Judgment was rendered on this verdict, and an appeal taken to this Court.
1Opinion of the CourtWilson, Chief Justice
The declaration of Thomas, the plaintiff below, contains three counts. The first charges that William Biggs and William Biggs,, Jr. were indebted to him by note, and that in consideration that he would forbear until the next term of the Court, to sue on the same, that Scott, the defendant, promised if the Biggs did not pay it, that he v/ould; and that he, Thomas, did forbear to sue, but that neither the Biggs nor Scott had paid the same. The second and third counts charge that in consideration of forbearance to sue the Biggs on said note, the defendant promised, if the Biggs did not pay it by…
2Cases cited1 opinion
- Lindheim v. DavisCourt of Appeals of Texas · 1884
3Cited by2 opinions
- Montague v. CraddockSupreme Court of Arkansas · 1917
- Joseph L. Connelly Co. v. McCabeAppellate Court of Illinois · 1912