Conway v. Case
Illinois Supreme Court
This was an action of assumpsit counting upon the following promissory note: $1,680. Rock Island, March 5th, 1856. On or before the tenth day of October, A. D. 1857, 1 promise to pay Miles YY. Conway, or order, at the Rock Island Bank, in the City of Rock Island, the sum of one thousand six hundred, and eighty dollars, with interest, for value received. Signed, COYELL CASE. The declaration contained the common counts.
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This was an action of assumpsit counting upon the following promissory note: $1,680. Rock Island, March 5th, 1856. On or before the tenth day of October, A. D. 1857, 1 promise to pay Miles YY. Conway, or order, at the Rock Island Bank, in the City of Rock Island, the sum of one thousand six hundred, and eighty dollars, with interest, for value received. Signed, COYELL CASE. The declaration contained the common counts. The defendant pleaded as follows: 1. The general issue. 2. And the said defendant, for a further plea in this behalf, by leave of the court for that purpose first had and…
1Opinion of the CourtBreese, J.
The defense in this action was fully made out. There was no demand by plaintiff’s agent to count the money in the bag, and no objection or doubt was expressed, that it did not contain enough. The agent swears this, and also gives it as his belief there was sufficient coin in the bag to pay the amount due, if it was all gold, and the inference is fair, that it was all gold coin, as no other, coin fell out of the bag but gold when it was thrown upon the counter. Here was a readiness to pay the money due, fully proved, at the time and place agreed upon. At the same time there was an offer by the…
2Cited by8 opinions
- Espen v. HinchliffeIllinois Supreme Court · 1890
- Cogan v. CookSupreme Court of Minnesota · 1875
- Graves v. BonnessSupreme Court of Minnesota · 1906
- Smith v. NewtonIllinois Supreme Court · 1865
- Buntain v. BaileyIllinois Supreme Court · 1862
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