Hull v. Kohlsaat
Illinois Supreme Court
Appeal from the Circuit Court of Jo Daviess county; the Hon. Benjamin E. Sheldon, Judge, presiding. Alfred Hull instituted an action of debt in the court below, against Jacob Kohlsaat, upon the following instrument: “ State of Illinois, Jo Daviess County, ) “ $75.00. Town of Woodbine, April 1,1862. j “ Six months after date, I promise to pay to Alfred Hull, or order, seventy-five dollars, with ten per cent, interest, without defalcation, for value received, in American gold.
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Appeal from the Circuit Court of Jo Daviess county; the Hon. Benjamin E. Sheldon, Judge, presiding. Alfred Hull instituted an action of debt in the court below, against Jacob Kohlsaat, upon the following instrument: “ State of Illinois, Jo Daviess County, ) “ $75.00. Town of Woodbine, April 1,1862. j “ Six months after date, I promise to pay to Alfred Hull, or order, seventy-five dollars, with ten per cent, interest, without defalcation, for value received, in American gold. JACOB KOHLSAAT. [seal.]” The general issue was pleaded, and the cause was tried by the court, without a jury. The…
1Opinion of the CourtChief Justice Walker
The judgment in this case is for dollars, neither specifying one kind nór another. We are at a loss to perceive how the question' made in this case can arise on this record. Judgments are only rendered for a specific sum of money, leaving them to be discharged in whatever has been rightfully made a legal tender for the payment of debts. In this case, this practice seems to have been strictly observed.
It, however, seems to be supposed that the note sued upon required the rendition of a judgment for the sum due, to be discharged in gold coin. The note is this: “ April 1st, 1862. Six months…
2Cited by1 opinion
- McGoon v. ShirkIllinois Supreme Court · 1870