Smith v. Dunlap
Illinois Supreme Court
This suit was presented for tlie consideration of this Court, upon an agreed case, stating that on the 20th day of February, 1843, Dunlap made his note for payment to the Bank of Illinois, for the sum of $131,480 52, in state of Illinois indebtedness, which matured and became due on the 20th day of April, 1843, and is unpaid.
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This suit was presented for tlie consideration of this Court, upon an agreed case, stating that on the 20th day of February, 1843, Dunlap made his note for payment to the Bank of Illinois, for the sum of $131,480 52, in state of Illinois indebtedness, which matured and became due on the 20th day of April, 1843, and is unpaid. On the 10th of April, 1845, the officers of said Bank, pursuant to an act of the legislature, entitled “An act supplemental to an act to reduce the public debt one million of dollars, and to put the Bank of Illinois into liquidation,” in force, February 28, 1845, under…
1Opinion of the CourtTreat, C. J.
First. What is the proper construction of this contract? Is it a note for the payment of §131,480 52, which the maker may discharge on the day it matures, by an equal amount of the obligations of the state of Illinois? Or, is it a contract, by which he only assumes to pay that number of dollars of state indebtedness? If the former, it is the privilege of the debtor to make payment on the day named, in the indebtedness of the state, but, if he fails thus to discharge the obligation, he is bound to pay the sum specified in specie; if the latter, he is, in any event, only liable for the actual…
2Cases cited6 opinions
- Commercial Bank v. KortrightCourt for the Trial of Impeachments and Correction of Errors · 1839
- Pinney v. GleasonCourt for the Trial of Impeachments and Correction of Errors · 1830
- Shepherd v. HamptonSupreme Court of the United States · 1818
- Robinson v. Noble's AdministratorsSupreme Court of the United States · 1834
- Anderson v. EwingCourt of Appeals of Kentucky · 1823
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3Cited by27 opinions
- Sturges v. KeithIllinois Supreme Court · 1870
- Marine Bank v. RushmoreIllinois Supreme Court · 1862
- Deere v. LewisIllinois Supreme Court · 1869
- Nash v. HoxieWisconsin Supreme Court · 1884
- Sleuter v. WallbaumIllinois Supreme Court · 1867
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