Snell v. Warner
Illinois Supreme Court
Appeal from the Circuit Court of DeWitt county; the Hon. Thomas F. Tiptoh, Judge, presiding. This was an action of assumpsit, brought by Elbridge O. Warner, in the Circuit Court of DeWitt county. The declaration is in the usual form, for money paid by the plaintiff for the use of the defendant. Plea of the general issue; and a trial by the court without a jury, by consent of parties.
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Appeal from the Circuit Court of DeWitt county; the Hon. Thomas F. Tiptoh, Judge, presiding. This was an action of assumpsit, brought by Elbridge O. Warner, in the Circuit Court of DeWitt county. The declaration is in the usual form, for money paid by the plaintiff for the use of the defendant. Plea of the general issue; and a trial by the court without a jury, by consent of parties. It appeared from the evidence, that plaintiff, one Woodworth, and defendant were sued in Buchanan county, in the State of Missouri, by one Wheeler, who recovered a judgment against them for $130. 80. It appears…
1Opinion of the CourtJustice Scott
The only error suggested, that is deemed material to be considered, is, whether the judgment rendered by the circuit court, is not for too much, under the evidence contained in the record.
The evidence shows conclusively, that there was due the appellee, from the appellant, on the 20th day of May, 1869, for money paid for the use of appellant, the sum of $266.30. The court inadvertently computed the interest on that amount, from that date to the day of the trial, at the rate of ten per cent per annum, when by law the interest should have been computed at only the rate of six per cent per…
2Cited by1 opinion
- Harvey v. DrewIllinois Supreme Court · 1876