Gage v. Lewis
Illinois Supreme Court
Appeal from the Superior Court of Cook county; the Hon. William A. Porter, Judge, presiding. This was an action of debt, brought by the appellee against the'appellant and Douglas B. Hale and Bichard L. Carhart, to the February term, 1873, of the Superior Court of Cook county, upon the following penal bond: “ Know all men by these presents, that we, Hi chard L. Car-hart, James L. H. Smith, Douglas B. Hale and J. N. Gage, of Chicago, Illinois, are held and firmly bound unto…
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Appeal from the Superior Court of Cook county; the Hon. William A. Porter, Judge, presiding. This was an action of debt, brought by the appellee against the'appellant and Douglas B. Hale and Bichard L. Carhart, to the February term, 1873, of the Superior Court of Cook county, upon the following penal bond: “ Know all men by these presents, that we, Hi chard L. Car-hart, James L. H. Smith, Douglas B. Hale and J. N. Gage, of Chicago, Illinois, are held and firmly bound unto Charles A. Lewis in the penal sum of $40,000, lawful money of the United States, for the payment of which well and truly…
1Opinion of the CourtJustice Scholfield
The rule at common law was, that fraud could not be pleaded or given in evidence as a defense to an action on a specialty, unless it vitiated the execution of the instrument, and that the defendant in such action was not allowed to show that he was induced to execute it by fraudulent representations as to the nature or value of the consideration. This rule, however, is materially modified by our statute relating to ¡Negotiable Instruments, by which it is provided that in actions upon bonds for the payment of money or the performance of covenants, as well as upon bills and notes, it may be set…
2Cases cited9 opinions
- Douglass v. HowlandNew York Supreme Court · 1840
- Churchill v. HuntNew York Supreme Court · 1846
- In re NegusNew York Supreme Court · 1832
- Cummings v. PeopleIllinois Supreme Court · 1869
- Hammond v. Gilmore's AdministratorSupreme Court of Connecticut · 1841
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3Cited by87 opinions
- Adams v. . GilligNew York Court of Appeals · 1910
- Locke v. HomerMassachusetts Supreme Judicial Court · 1881
- Roda v. BerkoIllinois Supreme Court · 1948
- Mother Earth, Ltd. v. Strawberry Camel, Ltd.Appellate Court of Illinois · 1979
- Rice v. Fidelity & Deposit Co.Court of Appeals for the Eighth Circuit · 1900
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