Guinnip v. Carter
Illinois Supreme Court
Writ of Error to the Circuit Court of Vermilion county; the Hon. James Steele, Judge, presiding. This was an action of debt, brought by Henry M. Carter, John G. Sample and Jonas F. Parker, in the Circuit Court of Vermilion county, against Lyman Guinnip, on the record of a judgment recovered in the Court of Common Pleas of Tippecanoe county, in Indiana. The first three counts were in debt in the usual form, and the fourth was the common count in assumpsit for interest.
Read the full summary
Writ of Error to the Circuit Court of Vermilion county; the Hon. James Steele, Judge, presiding. This was an action of debt, brought by Henry M. Carter, John G. Sample and Jonas F. Parker, in the Circuit Court of Vermilion county, against Lyman Guinnip, on the record of a judgment recovered in the Court of Common Pleas of Tippecanoe county, in Indiana. The first three counts were in debt in the usual form, and the fourth was the common count in assumpsit for interest. Defendant filed a demurrer to the declaration, but afterwards, on plaintiffs’ motion, the demurrer was stricken from the…
1Opinion of the CourtJustice Walker
This was an action brought on the record of a judgment recovered in another State, for the sum of $1,171 and $4.95 costs. The summons was in debt, and so were the three first counts in the declaration. The fourth count was, however, in assumpsit. It was the common count for $500 due and owing for interest. It avers; “And being so indebted, the said Guinnip,. in consideration thereof, afterwards, &c., undertook and then and there faithfully promised the said plaintiffs ” to pay the same when thereunto afterward requested.
In the cases of Cruikshank v. Brown, 5 Gilm. 75, and MeGinnity v.…
2Cases cited1 opinion
- Adams v. HardinIllinois Supreme Court · 1857
3Cited by1 opinion
- The People v. Old Second Nat. BankIllinois Supreme Court · 1932