Legal Opinion

Farrar v. Hinch

Illinois Supreme Court

Decided November 15, 1858PublishedCited by 2 opinions

This cause was brought into the Gallatin Circuit Court, at the June term, 1856, of said court, by Jackson Farrar, assignee of William F. Watson, on appeal from the County Court of Gallatin county, from a judgment rendered in said County Court against said Farrar, who was the plaintiff in that court, and Winder Bailey, administrator de bonis non of Sylvester Eveleth, who was the defendant.

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This cause was brought into the Gallatin Circuit Court, at the June term, 1856, of said court, by Jackson Farrar, assignee of William F. Watson, on appeal from the County Court of Gallatin county, from a judgment rendered in said County Court against said Farrar, who was the plaintiff in that court, and Winder Bailey, administrator de bonis non of Sylvester Eveleth, who was the defendant. The judgment of said County Court was rendered at January term, 1856. Before the June term, 1856, of the Gallatin Circuit Court, said Winder Bailey departed this life, and at the said June term of said court…

1Opinion of the CourtCaton, C. J.

Assuming that the defendant’s proof established that the notes in controversy were given for the consideration expressed in the deed of assignment of the patent right, executed by Watson and Farrar to Hinch, the defense relied upon was not in the least advanced thereby. That defense was, that Watson had also agreed to deliver a mill within a specified time, with the patent, and as a part of the sale thereof. As .there was a deed executed at the time of the sale, showing what was sold for the consideration of the fifteen hundred dollars mentioned in the deed, which was all the right, title and…

2Cited by2 opinions

  1. Munde v. LambieMassachusetts Supreme Judicial Court · 1877
  2. Morris v. JamiesonAppellate Court of Illinois · 1901

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