Anderson v. Chicago Marine & Fire Insurance
Illinois Supreme Court
This action was assumpsit, brought in the Cook County Court of Common Pleas, and tried at the June term, A. D. 1858, before J. M. Wilson, judge, without a jury. The suit was founded upon a promissory note made by the plaintiffs in error, and given to the defendants in error, for three hundred dollars, payable in sixty days, dated the 9th day of April, A. D. 1856. The declaration contained two special counts upon this note, and the common counts.
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This action was assumpsit, brought in the Cook County Court of Common Pleas, and tried at the June term, A. D. 1858, before J. M. Wilson, judge, without a jury. The suit was founded upon a promissory note made by the plaintiffs in error, and given to the defendants in error, for three hundred dollars, payable in sixty days, dated the 9th day of April, A. D. 1856. The declaration contained two special counts upon this note, and the common counts. To this declaration the defendants below pleaded the general issue, and four special pleas to the first two counts thereof. The first and fourth…
1Opinion of the CourtCaton, C. J.
The law undoubtedly is, that if the landlord evicts the tenant from a part of the demised premises, the tenant is under no legal obligation to pay rent for the balance, although he continues to enjoy them. The proof shows that the tenant in this case was excluded from the water-closet which was a part of the demised premises, and that he continued to enjoy the office, which was the balance of the demised premises, till the end of the term, after which, he gave his note for the rent of the premises thus enjoyed. Although there was no legal obligation resting upon the tenant, to pay any rent…
2Cited by1 opinion
- Wright v. LattinIllinois Supreme Court · 1865