Hammer v. Johnson
Illinois Supreme Court
Writ of Error to the Circuit Court of Peoria county; the Hon. Amos L. Merriman, Judge, presiding. This was a bill in chancery, filed in the court below by the plaintiff in error against the defendant in error and others, to compel the defendant Johnson to pay certain notes made by one Chambers, and which had been received by plaintiff' in part payment for the sale to Chambers of plaintiff’s undivided half interest in a certain mill, the other half of which was owned by…
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Writ of Error to the Circuit Court of Peoria county; the Hon. Amos L. Merriman, Judge, presiding. This was a bill in chancery, filed in the court below by the plaintiff in error against the defendant in error and others, to compel the defendant Johnson to pay certain notes made by one Chambers, and which had been received by plaintiff' in part payment for the sale to Chambers of plaintiff’s undivided half interest in a certain mill, the other half of which was owned by Johnson, who subsequently purchased Chambers’ interest. The further facts in the case are given in the opinion.
1Opinion of the CourtJustice Lawrence
Hammer, being the owner of an undivided half of a mill, sold to one Chambers for $2,000, receiving $800 in money and the notes of Chambers for $1,200, and giving a bond for a deed to be made on payment. Chambers assigned the bond to Johnson, who had become the owner of the other undivided half. The mill was burned soon after the assignment, and this bill is filed to compel Johnson to pay the notes given by Chambers. The oath to the answer is not waived, and Johnson answers, denying that, in purchasing from Chambers, he agreed to pay his notes, or that their payment was any part of the…
2Cases cited2 opinions
- Comstock v. HittIllinois Supreme Court · 1865
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3Cited by5 opinions
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