Guard v. Whiteside
Illinois Supreme Court
This was an action of debt brought in the Circuit Court of Hardin county, upon an injunction bond. The appellants filed a plea in bar, stating that on the 10th day of April, 1851, it was agreed between the parties to the suit that if the appellants would give the appellee a horse worth seventy-five dollars he would not bring suit on the bond until the 25th of December, 1851; that the horse was delivered in pursuance of this agreement.
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This was an action of debt brought in the Circuit Court of Hardin county, upon an injunction bond. The appellants filed a plea in bar, stating that on the 10th day of April, 1851, it was agreed between the parties to the suit that if the appellants would give the appellee a horse worth seventy-five dollars he would not bring suit on the bond until the 25th of December, 1851; that the horse was delivered in pursuance of this agreement. To which plea there was a demurrer, which was sustained ; and the appellants not answering further, the court, Denning, Judge, presiding, rendered a judgment…
1Opinion of the CourtTreat, C. J.
The defendants pleaded in bar of the action, that, before the commencement thereof, the plaintiff agreed with one of them to forbear the collection of the bond until the 25th of December, 1851, if said defendant would pay and deliver a certain horse at the price of $75, which horse was then delivered. The agreement relied on in the plea must be considered as an undertaking by the plaintiff not to sue on the obligation within a specified time. A covenant never to sue is regarded as an absolute release. It is so held to avoid circuity of action; for, if the covenantor should be permitted to sue…
2Cases cited2 opinions
- Winans v. HustonNew York Supreme Court · 1831
- Lane v. OwingsCourt of Appeals of Kentucky · 1813
3Cited by7 opinions
- Pitts Sons' Manufacturing Co. v. Commercial National BankIllinois Supreme Court · 1887
- Walling v. WarrenSupreme Court of Colorado · 1874
- Hippach v. MakeeverIllinois Supreme Court · 1897
- H. B. Pitts' Sons' Manufacturing Co. v. Commercial National BankAppellate Court of Illinois · 1886
- Marinette Sawmill Co. v. ScofieldCourt of Appeals for the Seventh Circuit · 1909
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