Brown v. Strait

Decided November 15, 1857

Illinois Supreme Court · decided 1857-11-15

Brown sued Strait & Crews before a justice of the peace, in Wayne county, and recovered a judgment against them. They took an appeal to the Circuit Court; the case was there submitted to Baugh, Judge, without the intervention of a jury, who found for Strait & Crews, and rendered a judgment against Brown for costs. Brown thereupon brought the case to this court by writ of error. The bill of exceptions shows, that one Collins was indebted to Brown in the sum of forty dollars.

Good law ✅— No negative treatment on recordhow we know

Decided 1857-11-15

How this case has been cited

Cited by 9 later decisions — most recently January 1931

1 federal appellate · 8 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Skinner, J.

¶1One Collins owed the plaintiff below, forty dollars. Collins sold the defendants a mill, for which they paid him some money, and verbally promised to pay his debt to the plaintiff, but which, on demand of plaintiff, they refused to do. The court, on this state of fact, rendered judgment against the plaintiff for costs. The case of Eddy v. Roberts, 17 Ill. R. 505, decides the question here. In that case, the court say: “ Where one enters into a simple contract for the benefit of a third, such third person may maintain an action for breach, and such contract is not within the statute of frauds.”

¶2Judgment reversed and cause remanded.

¶3Judgment reversed.