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21 Ill. 101

Trowbridge v. Seaman

Illinois Supreme Court

Decided January 15, 1859

Illinois Supreme Court · decided 1859-01-15

This was an action of assumpsit, brought by the appellee against the appellants, in the Circuit Court of Adams county. At the June term of said court, 1858, Sibley, Judge, presiding, a judgment was rendered by default against the appellants, and in favor of the appellee, for $2,762.50 damages. Said damages were assessed by the clerk under an order of the court.

Cited by 3 later decisions — most recently April 1863

3 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1859-01-15

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Caton, C. J.

¶1This action was upon several promissory notes payable “ in currency.” A judgment by default was entered, and the clerk assessed the damages. The objection taken is, that the notes being payable in currency, the clerk could not assess the damages, but that a jury should have been called for that purpose. This same question was raised and decided by this court, in the case of Swift v. Whitney, 20 Ill. R. 144, where it was held, that a note payable in currency was in legal contemplation payable in money, and that it was not necessary that a jury should be called to assess the damages. We do not deem it necessary now to add anything to what was there said in favor of the decision.

¶2The judgment must be affirmed.

¶3Judgment affirmed.

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