Legal Opinion

Comstock v. Hitt

Illinois Supreme Court

Decided April 15, 1865PublishedCited by 27 opinions

Writ op Error to the Circuit Court of La Salle county; the Hon. Madison E. Hollister, Judge, presiding. This was a suit in chancery institutéd in the Circuit Court by Willis M. Hitt, against John Comstock.. The facts are set forth in the opinion of the court.

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Writ op Error to the Circuit Court of La Salle county; the Hon. Madison E. Hollister, Judge, presiding. This was a suit in chancery institutéd in the Circuit Court by Willis M. Hitt, against John Comstock.. The facts are set forth in the opinion of the court. The question presented is, whether the grantee of one who holds a bond for the conveyance of land upon the payment of certain notes given for the purchase money, is liable for the unpaid portion of such notes, without any agreement to that effect on his part, or the amount of the outstanding notes being deducted from the purchase price.…

1Opinion of the CourtJustice Breese

The facts of this case, as shown by the record, are briefly these : Heman Baldwin being the owner of certain lots of ground in the city of LaSalle, on the 13th of July, 1857, executed and delivered to Mrs. Ann C. Wilson a bond for a deed of the same, on certain money considerations thereafter fWwnftnr to be paid, for which he received the notes of Mrs. Wilson. The first note was duly paid, and two hundred dollars paid on the third note. On the 15th of March, 1860, Wilson being in default, Baldwin conveyed the lots to Messrs. Dean & Blanchard, and assigned the over-due notes of Wilson to them.…

2Cases cited2 opinions

  1. Halsey v. ReedNew York Court of Chancery · 1842
  2. Townsend v. WardSupreme Court of Connecticut · 1858

3Cited by27 opinions

  1. Dean v. WalkerIllinois Supreme Court · 1882
  2. Elliott v. SackettSupreme Court of the United States · 1883
  3. Consolidated Coal Co. v. PeersIllinois Supreme Court · 1896
  4. R. R. v. . R. R.Supreme Court of North Carolina · 1908
  5. Atlantic & North Carolina Railroad v. Atlantic & North Carolina Co.Supreme Court of North Carolina · 1908

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