Legal Opinion

Bonney v. Smith

Illinois Supreme Court

Decided June 15, 1856PublishedCited by 19 opinions

This was an action in assumpsit by plaintiff in error against defendant in error, on a promissory note payable by him to said plaintiff.

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This was an action in assumpsit by plaintiff in error against defendant in error, on a promissory note payable by him to said plaintiff. Defendant in error filed four pleas to said declaration, to wit: First plea, want of consideration; that the only consideration was a certain deed for part of lot in Peoria from the county of Peoria, by the plaintiff in error, her commissioner and attorney in fact, appointed June 23rd, 1855, by the board of supervisors of Peoria county, grantor, to the defendant in error, grantee, dated November 1st, 1855. Deed recites power, and is set out in plea. By such…

1Opinion of the CourtSkinner, J.

This was an action of assumpsit on a promissory note executed by the defendant to the plaintiff. The defendant pleaded in bar four special pleas, to each of which the plaintiff demurred. The court sustained the demurrer and the defendant had judgment. The first plea alleges that the sole consideration of the note was a dee'd for a lot in Peoria, as the property of Peoria county; sets forth the deed, which is an ordinary deed of quit-claim, executed by plaintiff as agent and commissioner of the county of Peoria, and an order of the board of supervisors of Peoria county, appointing the…

2Cases cited3 opinions

  1. Hunt v. Rousmanier's AdministratorsSupreme Court of the United States · 1823
  2. Raymond v. SquireNew York Supreme Court · 1814
  3. Spencer & White v. WilsonSupreme Court of Virginia · 1814

3Cited by19 opinions

  1. Powers v. HarlowMichigan Supreme Court · 1884
  2. Todd v. Superior Court of San FranciscoCalifornia Supreme Court · 1919
  3. Cary Hardware Co. v. McCartyColorado Court of Appeals · 1897
  4. Chambers v. SeaySupreme Court of Alabama · 1882
  5. Gilbert v. HolmesIllinois Supreme Court · 1872

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