Comstock v. Hannah
Illinois Supreme Court
Appeal from the Circuit Court of Champaign county; the Hon. C. B. Smith, Judge, presiding. This was an action of assumpsit, brought by Enoch Com-stock, Timothy H. Castle, Frederick Collins, Samuel H. Emory, Jr., Chauncey H. Castle, and Henry A. Castle, against James S. Hannah, upon a promissory, note given by the de-’ fendant to Geo. W. Kenworthy, and by him assigned to the plaintiffs.
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Appeal from the Circuit Court of Champaign county; the Hon. C. B. Smith, Judge, presiding. This was an action of assumpsit, brought by Enoch Com-stock, Timothy H. Castle, Frederick Collins, Samuel H. Emory, Jr., Chauncey H. Castle, and Henry A. Castle, against James S. Hannah, upon a promissory, note given by the de-’ fendant to Geo. W. Kenworthy, and by him assigned to the plaintiffs. The defendant pleaded both total and partial failure of consideration, and that plaintiffs had notice of the same when they bought the note. There was a verdict and judgment for the defendant, to reverse which…
1Opinion of the CourtJustice Sheldon
delivered the* opinion of the Court:
This was an action upon a promissory note, given by the defendant to one George W. Kenworthy, and by him assigned to the plaintiffs.
A verdict and judgment were rendered for, the defendant in the court below, and plaintiffs appealed.
On the trial below, plaintiffs asked an instruction, which the court gave, with the following modification, plaintiffs excepting to the modification:
“Unless the jury further believe that the consideration of the note in suit was for the sale of a patent planter, and the right to sell the same under conditions named in the…
2Cases cited4 opinions
- Murray v. LardnerSupreme Court of the United States · 1865
- Goodman v. SimondsSupreme Court of the United States · 1858
- Magee v. . BadgerNew York Court of Appeals · 1866
- Welch v. . SageNew York Court of Appeals · 1872
3Cited by29 opinions
- Siegel, Cooper & Co. v. Chicago Trust & Savings BankIllinois Supreme Court · 1890
- Manufacturers' National Bank of Racine v. NewellWisconsin Supreme Court · 1888
- Bemis v. HornerIllinois Supreme Court · 1896
- Merritt v. A. W. Boyden & SonIllinois Supreme Court · 1901
- Shreeves v. AllenIllinois Supreme Court · 1875
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