Legal Opinion

Smithers v. Junker

U.S. Circuit Court for the Northern District of Illnois

Decided December 15, 1889PublishedCited by 20 opinions

At Law. On demurrer to declaration.

1Opinion of the CourtGresham, J.

The first, second, and third counts are upon a written instrument, which is set out as follows:

“Chicago, November 1, 1888.
“Por value received I promise to pay to S. N. Smithers two thousand and forty-eight and 25-100 dollars, payable at my convenience, and upon this express condition, that I am to be the sole judge of such convenience and time of payment. ' A. Junker.”

It is averred that, after a reasonable time had elapsed, the plaintiff demanded payment, which was refused by the defendant. The defendant’s promise was to pay the money in consideration of something of value received from the…

2Cases cited3 opinions

  1. Works v. HersheySupreme Court of Iowa · 1872
  2. Kincaid v. HigginsCourt of Appeals of Kentucky · 1809
  3. Ramot v. SchotenfelsSupreme Court of Iowa · 1863

3Cited by20 opinions

  1. Frank v. Butte & Boulder Mining & Lumber Co.Montana Supreme Court · 1913
  2. Jenkins v. KarltonCourt of Appeals of Maryland · 1993
  3. Banque Russo-Asiatique v. DolchCourt of Appeals for the Ninth Circuit · 1925
  4. Pritchard v. McLeodCourt of Appeals for the Ninth Circuit · 1913
  5. Benton v. BentonSupreme Court of Kansas · 1908

15 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API