Robinson v. Holmes
Appellate Court of Illinois
Assumpsit, on the common counts. Appeal from the Circuit Court of Cook County; the Hon. Edward F. Dunne, Judge, presiding. Statement of the Case. This is an action in assumpsit, in which the declaration contains only the common counts brought by appellee against appellants as copartners under the name of Robert Robinson & Son.
Read the full summary
Assumpsit, on the common counts. Appeal from the Circuit Court of Cook County; the Hon. Edward F. Dunne, Judge, presiding. Statement of the Case. This is an action in assumpsit, in which the declaration contains only the common counts brought by appellee against appellants as copartners under the name of Robert Robinson & Son. At the trial a deed was introduced, made by James H. and Rachel C. Fortner, dated April 2, 1890, conveying to Robert Robinson & Son certain real estate therein described, situated in the State of Kansas. The deed contains covenants of warranty, “ except a mortgage for…
1Opinion of the CourtJustice Freeman
Objection is made that the judgment is excessive. Interest in excess'of the rate fixed by the statute of Illinois can not be recovered upon contracts made and to be executed in this State. It can be recovered in this State upon proper pleadings on contracts made elsewhere, where it appears that the agreement to pay such rate of interest was valid according to the law of the place where the contract was made. “ Where the rate of interest sought to be recovered is greater than that provided by statute where the remedy is sought to be enforced, and the law of the place of pay-meat is pleaded and…
2Cases cited4 opinions
- Dean v. WalkerIllinois Supreme Court · 1882
- Bay v. WilliamsIllinois Supreme Court · 1884
- George H. Hess Co. v. DawsonIllinois Supreme Court · 1894
- Chumasero v. GilbertIllinois Supreme Court · 1860
3Cited by5 opinions
- Vial v. Norwich Union Fire Insurance Society of NorwichAppellate Court of Illinois · 1912
- Robinson v. HolmesAppellate Court of Illinois · 1899
- American Exchange National Bank v. SeavernsAppellate Court of Illinois · 1905
- Prante v. HartmanAppellate Court of Illinois · 1912
- Reichert v. WienerAppellate Court of Illinois · 1912