Glancy v. Elliott
Illinois Supreme Court
This was an action on the following note: “ For value received, I promise to pay to Samuel Elliott or order, the sum of two thousand one hundred and twenty dollars, payable whenever the lands in the late purchase in the Iowa Territory shall be advertised for sale, with ten per cent, interest thereon.” The plea was the general issue with notice.
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This was an action on the following note: “ For value received, I promise to pay to Samuel Elliott or order, the sum of two thousand one hundred and twenty dollars, payable whenever the lands in the late purchase in the Iowa Territory shall be advertised for sale, with ten per cent, interest thereon.” The plea was the general issue with notice. The notice set up partial failure of consideration ; that plaintiff had given to the defendant on the second of August, 1837, a bond obligating himself to make, or cause to be made to the defendant a good and sufficient deed in fee-simple to certain…
1Opinion of the CourtTreat, C. J.
This cause was tried by the circuit judge; and if the. legitimate evidence before him warranted his finding, the judgment must be affirmed, although improper testimony may have been admitted. The note was made payable “whenever^ the lands in the late purchase in Iowa Territory should be adver-( tised for sale.” It became due the moment the lands in that) purchase, or any part thereof, were proclaimed for sale. It was not necessary that all of them should be first offered for sale. The credit was given until the money could be invested in lands lying in that portion of Iowa. It is a fair…
2Cited by5 opinions
- Blackwood v. Van VleitMichigan Supreme Court · 1874
- Lee v. Town of Mound StationIllinois Supreme Court · 1886
- Jacobsen v. NieboerMichigan Supreme Court · 1941
- National Surety Co. v. WalkerSupreme Court of Iowa · 1910
- Stubblefield v. BordersIllinois Supreme Court · 1879