Good v. Allen

Decided January 16, 1885

Appellate Court of Illinois · decided 1885-01-16

S. G. Bo vie, Judge, presiding. Suit by appellee to recover upon a certain promissory note executed by the appellant and one Irwin, on July 5, 1877, due October 1st, after date, for the sum of $54.75, and made payable to the order of the appellee. The note constituted the case for appellee. The defendant below as a witness in his own behalf, testified as follows: Am the defendant. Signed the note in controversy in this case. My name appears first on the note.

Cited by 2 later decisions — most recently April 1926

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1885-01-16

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Pillsbury, J.

¶1Under the facts appearing in this record we are of the opinion that the consideration for the note was illegal. We are not aware of any authority conferred upon a village attorney by any law in this State empowering him, by virtue of his office, to take a note payable to himself in satisfaction of a fine regularly imposed by a judicial officer, for an offense against the ordinances of the village, and to release the defendant from imprisonment. If he was authorized by any order, resolution or ordinance of the village to thus compromise any judgment in its favor, it was incumbent upon him to show it upon the trial. So far as appears by this record, the release of the defendant from imprisonment was illegal, and the judgment against him is still in force.

¶2The judgment of the court below will be reversed and the cause remanded.

¶3Judgment reversed.