Dickerson v. Derrickson
Illinois Supreme Court
Appeal from the Circuit Court of Cook county; the Hon. Ebastus S. Williams, Judge, presiding. This was an action of assumpsit brought to the September Term, 1863, of the Circuit Court of Cook county, by B. P. Derrickson against Thomas S. Dickerson.
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Appeal from the Circuit Court of Cook county; the Hon. Ebastus S. Williams, Judge, presiding. This was an action of assumpsit brought to the September Term, 1863, of the Circuit Court of Cook county, by B. P. Derrickson against Thomas S. Dickerson. It was founded upon the following instrument: , “ In consideration of assignment of judgment against George Kimball to T. S. Dickerson this day, and rendering of bill and notes to me, I do hereby agree, in case George Kimball does not pay to It. P. Derrickson the sum of three hundred and twenty-five dollars in three months from this time, to…
1Opinion of the CourtChief Justice Walker
The instrument sued upon, states that in consideration of the assignment of a judgment against George Kimball to appellee, and “ rendering of bill and notes ” to him, he promises to pay the sum specified, in case Kimball fails to pay the same. The assignment of the judgment is undeniably a sufficient consideration to support the promise. The entire instrument is set out in the declaration, which is certainly as clear an averment that a consideration was given to support the instrument as if formally made. And when the instrument was introduced in evidence it proved the averment that there was…
2Cases cited1 opinion
- Hance v. MillerIllinois Supreme Court · 1859
3Cited by14 opinions
- In Re Estate of FrayserIllinois Supreme Court · 1948
- Cumberland Glass Manufacturing Co. v. WheatonMassachusetts Supreme Judicial Court · 1911
- Hungerford v. O'BrienSupreme Court of Minnesota · 1887
- Fegley v. JenningsSupreme Court of Florida · 1902
- Abbott v. BrownIllinois Supreme Court · 1889
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