Yates v. Monroe
Illinois Supreme Court
On the 15th day of August, 1850, C. E. Yates filed his bill in chancery against Thomas Monroe, Annis Monroe his wife, and William A. Hinman, in substance: That about January 1st, 1840, said Yates purchased of said Hinman a horse, for which he executed his note to Annis Hinman, (said Annis Monroe,) dated 4th January, 1840, payable to said Annis or bearer, one year from date, with twelve per cent, interest, conditioned 11 that said note might be discharged, within six months…
Read the full summary
On the 15th day of August, 1850, C. E. Yates filed his bill in chancery against Thomas Monroe, Annis Monroe his wife, and William A. Hinman, in substance: That about January 1st, 1840, said Yates purchased of said Hinman a horse, for which he executed his note to Annis Hinman, (said Annis Monroe,) dated 4th January, 1840, payable to said Annis or bearer, one year from date, with twelve per cent, interest, conditioned 11 that said note might be discharged, within six months from the date thereof, by the sum of eighty-five dollars.” That it was then understood and agreed that said note might be…
1Opinion of the CourtCaton, J.
The decree in this case must be affirmed. The first bill filed was purely a bill of discovery to aid in the defence of an action at law, seeking no other relief. It was filed against the plaintiffs in the action at law, and against Hinman, who was not a party to that record. The other defendants answered satisfactorily. Hinman demurred, and for good cause. Had he answered the bill of discovery, his answer could not have been used as evidence on the trial at law. He was a competent witness on that trial, and the plaintiffs in that action had a right to insist that he should be called to the…
2Cases cited1 opinion
- People v. Superior CourtNew York Supreme Court · 1833
3Cited by8 opinions
- Laff v. John O. Butler Co.Appellate Court of Illinois · 1978
- Cohen v. SparbergAppellate Court of Illinois · 1942
- Hurricane Telephone Co. v. MohlerWest Virginia Supreme Court · 1902
- Lewis v. TopsicoIllinois Supreme Court · 1903
- Toledo, Wabash & Western Railway Co. v. IngramIllinois Supreme Court · 1877
3 more not listed; retrieve them via the Exa API.