Legal Opinion

Miller v. Hawker

Illinois Supreme Court

Decided September 15, 1872PublishedCited by 8 opinions

Writ of Error to the Circuit Court of Kankakee count}7; the Hon. Charles H. Wood, Judge, presiding.

1Opinion of the CourtJustice Thornton

The trust deed, to foreclose which this bill was filed, and the note thereby secured, were surrendered by the complainant to effect a settlement for an alleged assault upon the person of Mary Miller, by complainant, and Miller and wife executed and delivered to complainant a release of all right of action, and received the trust deed and note, and $22 besides.

Was there a sufficient consideration for the surrender of the trust deed and note ? There is no proof to show the cause of action unfounded. The release, in fact, admits the assault with intent to commit a rape, and thereby admits an…

2Cases cited2 opinions

  1. McKinley v. WatkinsIllinois Supreme Court · 1851
  2. Taylor v. PatrickCourt of Appeals of Kentucky · 1808

3Cited by8 opinions

  1. Woodburn v. WoodburnAppellate Court of Illinois · 1887
  2. Bates v. SandyAppellate Court of Illinois · 1888
  3. Daffin v. RobertsAppellate Court of Illinois · 1881
  4. Martin v. StubbingsAppellate Court of Illinois · 1888
  5. Russell v. DanielsColorado Court of Appeals · 1894

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