Ambrose v. Root
Illinois Supreme Court
This was an action of trespass for an assault and battery, brought in the Kane Circuit Court, by Ambrose against Root and several others. The defendants pleaded not guilty, and several pleas in bar.
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This was an action of trespass for an assault and battery, brought in the Kane Circuit Court, by Ambrose against Root and several others. The defendants pleaded not guilty, and several pleas in bar. The fifth plea sets up two instruments in writing for the sale of certain premises by Root to Ambrose; in the second of which agreements it is covenanted between Ambrose and Root, that if Ambrose, by a day named, made default in paying a certain instalment, that Root “ might enter and take possession of the premises, using all the force necessary to obtain the actual possession thereof; and such…
1Opinion of the Court
Opinion by Mr. Justice Trumbull :
This was an action of trespass, for an assault and battery of the plaintiff. The defendant pleaded among other defences, certain articles of agreement between the plaintiff and the said Anson Root, from which it appears that the former purchased of the latter an interest in certain mill property, for which he was to pay in instalments, and of which he took possession. The last article of agreement, which extends the time for payment as fixed by the first, contains this clause : “ In default of paying said instalment on or before the said 2Sd day of July, the…
2Cases cited2 opinions
- Hyatt v. WoodNew York Supreme Court · 1809
- Coventry v. BartonNew York Supreme Court · 1819
3Cited by10 opinions
- City of Chicago v. Airline Canteen Service, Inc.Appellate Court of Illinois · 1978
- Page v. PuyIllinois Supreme Court · 1866
- Fabri v. BryanIllinois Supreme Court · 1875
- Goshen v. PeopleSupreme Court of Colorado · 1896
- K. & S. Manufacturing Co. v. StateCourt of Claims of Illinois · 1932
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