Burgwin v. Babcock
Illinois Supreme Court
This was an action of debt by Babcock et al. against Burgwin and Smithpeter. Heard before Denning, Judge, at August term, 1848, and judgment was rendered for the plaintiff in the Court below. The defendants in that Court sue out the writ of error. The facts in the case are sufficiently stated in the opinion of the Court.
1Opinion of the Court
Opinion by Treat, C. J.:
This was an action brought by Babcock and others against Burgwin and Smithpeter. The declaration was in debt, on a promissory note. The defendants pleaded nil debet, and gave notice, 1st, that the plaintiffs were indebted to them for goods sold, in the sum of $250, which they would set off; 2d, that the note was given for goods bought of the plaintiffs by the defendants, which were stopped in transitu; 3d, “ that the note sued on was given to pay for goods bought of plaintiffs by the first defendant, Burgwin—the other defendant, Smithpeter, being only security on the…
2Cases cited3 opinions
- Bissell v. CornellNew York Supreme Court · 1840
- Mitchell v. BordenNew York Supreme Court · 1832
- Van Epps v. HarrisonCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by20 opinions
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- Sanitary District of Chicago v. BernsteinIllinois Supreme Court · 1898
- Eyrich v. Capital State BankMississippi Supreme Court · 1889
- Cuneo Press v. Claybourn CorporationCourt of Appeals for the Seventh Circuit · 1937
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