Volume 34 — Illinois Reports

W. W. Heaton, Judge, presiding. This suit originated in the Probate Court of Ogle county, on an account against the estate of Samuel H. Hitt, for money paid for his use by plaintiff. A trial was had, resulting in a judgment in favor of plaintiff for $200, from which the executors, Andrew M. Hitt, John W. Hitt and Robert.S. Hitt, appealed to the Circuit. The case was again tried by a jury at the March Term, 1862, of the Circuit Court.

This was an action of assumpsit for the use and occupation of certain lots of ground in the city of Chicago, and brought in the Superior Court of Chicago by the Pittsburgh, Fort Wayne and Chicago Railroad Company, against Philip J. Price and David Morris. Price alone was served with process. He pleaded non-assumpsit and nul tiel corporation, and there was a verdict against him for eighteen hundred dollars.

This was a bill in chancery by the purchaser of a piece of land against the vendor and those claiming under him, praying a specific performance. There was a decree in the court below dismissing the bill, and the complainant appealed.' The facts appear in the opinion of the Court.

Writ of error to the Circuit Court of Kendall county; the Hon. M. E. Hollister, Judge, presiding. This was an action of debt, under the statute, for obstructing a highway, instituted before a justice of the peace of Grundy county, by Reuben Raymond, who sues for himself and on behalf of the county of Grundy, and against Minard L. Waterman. A trial was had before the justice of the peace, resulting in a judgment against defendant for twenty-three dollars and the costs of suit.

This was an action of assumpsit brought in the Superior Court of Chicago by Frances W. Smith against the Peoria Marine and Fire Insurance Company. The marriage of the plaintiff with Robert Hervey being suggested to the court, he was made a party plaintiff. The cause was submitted to the court for trial without a jury, and the court found for the plaintiffs, and assessed the damages at one thousand and sixty-two dollars.

M. E. Hollister, Judge, presiding. This was an action originally commenced before a justice of' the peace, by Underwood against Tarble, to recover the value-of a corn-sheller, for which Tarble had given Underwood an order on King. The only question presented by the record was as to the competency of King as a witness, when called by Tarble to prove the acceptance of the order.

Jesse O. Norton, Judge, presiding. This was a bill in chancery, filed in the Circuit Court of Will county, by Hiram Cooley against Jacob P. Willard and Alonzo Leach, to enjoin the collection of a judgment confessed on a power of attorney, against complainant and in favor of defendant Willard.

Benjamin R. Sheldon, Judge, presiding. This was an action of replevin for a ferry boat, brought by John H. Bullerdick against Hezekiah H. and A. Hamilton Gear, in the Circuit Court of Jo Daviess county. The cause was tried by a jury, and a verdict rendered for the plaintiff, on which judgment was entered against the defendant for the costs, a motion for a new trial having been overruled.

Writ of Error to the Circuit Court of Peoria county; Hon. A. L. Merriman, Judge, presiding. This was a bill in chancery to foreclose a mortgage filed by Ripper against Vogle et al., in the Tazewell Circuit Court, and taken by change of venue to the Circuit Court of Peoria county, where a decree was rendered in favor of complainant.

Ira O. Wilkinson, Judge, presiding. This was an action on the case, for damages in killing a mare and colt, brought in the Henry Circuit Court by John S. Hutchins, against the Chicago and. Rock Island Railroad Company.

Richard G. Montony, Judge. This is an appeal from the Court of Common Pleas of the city of Elgin, in the county of Kane. It appears the appellant, Gilbert, was appointed guardian of Daniel H. Pinneo, a minor, then about eighteen years of age, by the County Court of Kane county, on the eighteenth of April, 1851, and executed a bond with security, and took upon himself the duties of the office.

Writ of Error to the Circuit Court of Peoria county. This was a bill in chancery brought by the purchaser of a tract of land against the vendor to compel a specific performance. The Circuit Court granted the prayer of the bill, and the defendant sued out a writ of error. The facts appear in the opinion.

Writ of Error to the Superior Court of Chicago. This was a bill in chancery for an account filed by Colin Campbell against Robert Stewart in the Superior court of Chicago; the bill alleged that complainant and defendant formed a copartnership on the 15th December, 1860, to pack pork, under the firm name of R. Stewart & Co. Both parties contributed capital in the outset, and added to the original capital from time to time, and were to share the profits and loss of the…

Writ of Error to the Circuit Court of McLean county; Hon. Jhon M. Scott, Judge, presiding. The facts of the case presented by the record are briefly these: On the 26th of September, 1853, the south half of the northeast quarter of section five, town. 22 FT., R. 6, in the county of McLean, was the property of the United States, known as “ congress land,” and subject to entry at the United States land office in Danville.

Writ or Error to the Circuit Court of Cook county; Hon. E. S. Williams, Judge, presiding. This was an action of debt brought upon a judgment rendered in the Circuit Court of Mercer county, Hew Jersey. The only question before this court was as to the effect of the record as evidence, it not showing, affirmatively, service of process. In the court below, the plaintiff had judgment.

Charles B. Lawrence, Judge, presiding. This was an action of trespass on the case on promises commenced by Bergen & Sisson, the plaintiffs in error, against Peter Riggs, the defendant in error, at the October Term of the Warren county Circuit Court, for a breach of an implied warranty of title on the sale of a certain horse by the defendant in error to the plaintiffs in error.

Writ of Error to the Circuit Court of Tazewell county; Hon. James Harriott, Judge, presiding. This was an action of covenant, brought by defendants in error against the plaintiff in error, and tried before Judge Harriott, a jury being waived, at the September Term, 1863.

Charles R. Starr, Judge, presiding. This was an action of replevin brought by Holliday & Reed v. James Burgess, as sheriff of Kankakee county, to recover 1200 bushels of corn in a crib. There was a verdict of not guilty. The facts, so far as they are at all material to the points decided, appear in the opinion of the court.

M. Williamson, Judge, presiding. This was an action of ejectment brought by the appellee against the appellant, in the Knox county Circuit Court, at the June term thereof, a. d. 1859 ; the first trial was had before the Hoñ. John L. Thompson, judge of said court, at the March Term thereof, a. n. 1860; the jury being waived, a verdict was found, and judgment rendered for the plaintiff.

Writ of Error to the Superior Court of Chicago. This was a writ of error to the Superior Court of Chicago, to bring up the record of a judgment upon a special assessment warrant for filling and paving, with “ Nicholson pavement,” Wabash avenue, from Randolph street to Fourteenth street. The court sustained some of the objections made by the owners of the lots assessed, and gave judgment against the city for the costs.

R. G. Montony, Judge, presiding. This was an action of assumpsit brought by the appellee to recover the value of certain personal property sold to the appellant. In the court below the plaintiff had a verdict and judgment.

M. E. Holister, Judge, presiding. This was an action of assumpsit, commenced in the County Court of La Salle, by Herman Kupfer against Nicholas Marc, on the indorsement of this bill of exchange: Peru, Ill., May 16th, 1861. At sight of this my first of exchange (second unpaid), pay to the order of R. Gr. Parks, Esq., §305 Ty¥ dollars, in funds current to-day, value received, and charge to account of NICL. MARC. Hoffman & Gelpcke, Chicago, Ill.

Charles R. Starr, Judge, presiding. • This was a bill in chancery by the appellees against the appellants to enjoin them, as supervisors of Iroquois county, from taking further measures for the removal of the county seat.

Writ of Error, to the Circuit Court of Stark County; the Hon. A. L. Merriman, Judge, presiding. This was a prosecution for obstructing a public highway, in the Stark Circuit Court. At the November term, a. d. 1861, of the Stark County Circuit Court, an indictment was found against the plaintiff in error, containing three counts.

Benjamin R. Sheldon, Judge, presiding. This was an action of assumpsit to recover back money paid as usurious interest. The case was submitted to the court without a jury, and a verdict found for the defendant. A motion for a new trial having been overruled, judgment was entered on the finding for the defendant.

This was an action of assumpsit, brought by the appellees against the appellants, on a certain bill of exchange which appellants had promised to accept. The plaintiffs below the recovered a verdict and judgment and the defendants appealed. The bill was drawn by Green & Stone on Jones & Culbertson, at Chicago, and payable in New York exchange, sixty days after date, to the order of J. D. Lockwood, cashier.

Writ of Error to the Circuit Court of Tazewell county; the Hon. James Harriott, Judge, presiding. This was a suit in Chancery, commenced by Hath aniel Green against Henry R. Green, Joseph A. Patterson and John Holmes, acting as commissioners of highways in road district Ho. 6, in the town of Delavan, in Tazewell county.

<p>1. Honey drafts — acceptor when liable. An accepted draft is-like a promissory-note, "and the acceptor is regarded in the same light as the maker of such note.</p> <p>2. Promise by. drawer. If the drawer of a bill of exchange or draft, with knowledge of the fact of non-acceptance by drawee, promises to pay the draft, such promise is binding and can be enforced.</p> <p>3. Basks — accounts between. Where accounts are kept between different banks, and one of them fails to pay over money received on drafts or bills of exchange collected for the other, the remedy is against the defaulting bank, and not against the drawer of the bill or draft.</p> <p>4. Deposit op gold com—bow to be accounted for. Where, before the passage of the “ legal tender ” laws by Congress, a deposit of gold coin had been made in a bank, and drawn out by checks, paid in Treasury notes, such bank is responsible for the value of the coin, as compared with the notes in which the drafts or checks on this deposit were paid.</p>

This was a petition to the Supreme Court for a mandamus to compel the Superior Court of Chicago to make an order for the removal of a cause from that court to the Circuit Court of the United States. The prayer of the petition was denied, mn the grounds stated in the opinion.

Writ of Error to the Circuit Court of De Kalb county; the Hon. Theodore D. Murphy, Judge, presiding. ■ This was an action of assumpsit commenced in the De Kalb Circuit Court by Llewellyn Marks against William Hall, in vacation, after the February Term, 1863. The declaration contained a count on a promissory note and the common counts, and was filed in the office of the clerk of the Circuit Court on the 20th day of August, 1863.

Writ of Error to the Circuit Court of McLean county; Hon. John M. Scott, Judge, presiding. In July, 1856, the Lafayette Bank in McLean county was incorporated and went into operation under the general laws, and in July, 1861, was put into liquidation.

Writ or Error to the Circuit Court of Kankakee county; Hon. Charles R. Starr, Judge, presiding. This was a bill in chancery, filed at the September term, 1863, of the Circuit Court of Kankakee county, to enjoin the further prosecution of a suit on the common law side of the court. The court granted a perpetual injunction, and the defendants sued out a writ of error. The facts appear in the opinion.

Writ of Error to the Circuit Court of Tazewell county; the Hon. James Harriott, Judge, presiding.

This was an action of assumpsit brought in the Circuit Court by Thomas Johnson against the Illinois Central Railroad Company, as common carrier of goods.

Writ of Error to the Circuit Court of De Kalb county; Hon. Isaac G. Wilson, Judge, presiding. This was a bill in chancery for the settlement of a partnership account, brought by the defendants in error against the plaintiffs in error. The cause was heard at the June Term, 1863, upon the pleadings and proofs, and a decree was rendered that the complainants recover $1,445, whereupon the defendants sued out their writ of error.

John Duff, County Judge, presiding. This was an action of ejectment for the recovery of the N. W. N. E. 18, T. 27 N. R. 8 E., 3d principal meridian, commenced by Christopher Hercules against George E. Dart and A. J. Lothery, in the Livingston County Court. Service of the declaration and notice was proved to have been made on defendants on the 21st day of May, 1863. The declaration and notice were filed on the 1st day of June following.

Weft of Error to the Circuit Court of Mercer county; the Hon. Charles B. Lawrence, Judge, presiding.

Writ of Error of the Circuit Court of Iroquois county; the Hon. Charles R. Starr, Judge, presiding. This was an action of replevin brought at the November term, 1861, of the Circuit Court of Iroquois county, by the defendant in error against the plaintiff in error.

This was an action of assumpsit, commenced in the Superior Court of Chicago, at the June term, 1862, by George Dow against Allen Vane, Ransalear Stone and Richard B. Woolford. A summons was issued and served on the defendants.

Writ of Error to the Circuit Court of Kankakee County; the Hon. Charles R. Starr, Judge, presiding. On the 25th day of October, 1858, ¡Robert Goodell executed his promissory note, for the sum of $300, payable to S. & B. Taylor, twelve months after date, with interest at ten per cent, after maturity. One year thereafter, Goodell executed to the same parties, another note for the sum of $45.

Writ of Error to the Circuit Court of Putnam county. This was an action of replevin, commenced in the Bureau county Circuit Court, to August term, 1863, and was taken by change of venue to Putnam county, and tried before the Hon. S. S. Richmond and a jury, at October term, A. D. 1863. Declaration counts on the wrongful detainer by plaintiffs in error of about 100 cords of wood piled up at Trenton, Ill.

Writ of Error to the Superior Court of Chicago. This was an action of ejectment commenced in the Superior Court of Chicago, at the April term, 1864, by James Kirk against Frederick Vonberg, to recover the W. S. W. sec. 28, T. 36 N., R. 13 E. in Cook county.

Samuel L. Richmond, Judge, presiding. This was a proceeding by scvre facias upon a forfeited recognizance. Held: and a power of attorney duly signed and sealed by his co-securities, and also with a letter from Hon. Richard Yates to Secretary Stanton, was then absent to procure the arrest, of the principal, who was a private in Col. Hecker’s regiment in the Potomac army.

Writ of Error to the Circuit Court of Tazewell county; Hon. James Harriott, Judge, presiding. This was an action of ejectment brought to the September term, 1862, of the Circuit Court of Tazewell county. Verdict and judgment passed for the defendant, and the plaintiffs sued out a writ of error. The facts appear in the opinion.

This was a proceeding by garnishment, commenced by Joseph H. Bedbury against the United States Express Company, as garnishee of Henry H. Knights, in the Superior Court of Chicago, to the August term, 1868.

Writ of Error to the Circuit Court of Whiteside county; the Hon. W. W. Heaton, Judge, presiding. On the 14th of February, 1856, Samuel J. Emory purchased from Charles D. Sanford, certain town lots in the town of Round Grove, for the sum of two hundred dollars, to be paid in certain installments. The contract was reduced to writing, in which it was stipulated when Sanford was to convey the lots, and at what times the money should be paid.

Writ of Error to the Superior Court of Chicago. This was a bill in chancery, filed at the February term, 1854, of the Superior Court of Chicago by the defendants in error, to redeem certain lots in Chicago from the plaintiffs in error, who claimed under a mortgage and a release executed by the mortgagor to the mortgagee. The complainants claimed under a judgment, rendered intermediate the mortgage and the release, against the mortgagor.

Writ or Error to the Superior Court of Chicago. This was an action of replevin, brought by John P. Parker, in the Superior Court of Chicago, against Abraham J. Knisely, to recover the dredge boat “Nile,'” with the machinery and tackle. The declaration was in the usual form. Defendant pleaded non cejpit, and a plea avowing the taking, and avers that it was the property of the defendant, and not of the plaintiff. Issues were formed to the country, and a trial was had by a jury.

Writ of Error to the Circuit Court of Tazewell county; the Hon. Jambs Harriott, Judge, presiding. Charles Aulger was indicted in the court below, for sending a challenge to Asa S. Smith to fight a duel.

Writ of Error to the Superior Court of Chicago. This was au action of debt, brought by the city of Chicago against Sylvester Lind, Robert H. Foss, Benjamin F. Carver, and Alexander H. Heald, on the official bond of Lind, as sewerage commissioner.

Charles B. Lawrence, Judge, presiding. This was an action of assumpsit upon two promissory notes, commenced by Henry Burgess to the September term, 1863, of the Circuit Court of Mercer County, against Wells Willets.

Writ of Error to the Circuit Court of Cook county; the Hon. George Manierre, Judge, presiding. Buckner S. Morris filed his declaration in the court below against Nichólas P. Iglehart and Charles W. Clayton, on the 2d day of November, 1859, counting upon a promissory note executed by the defendant on the 17th of February, 1859, for $1,540.25, payable sixty days after date, with interest after maturity at ten per cent. per annum.

Writ of Error to Marshall county, Hon. Samuel L. Richmond, Judge, presiding. This was a bill in chancery filed by plaintiff in error against defendants in error, at the October term, 1863, of the Circuit Court. A demurrer to the bill was sustained, and the bill dismissed. The facts appear in the opinion of the court.

E. S. Williams, Judge, presiding. This is an appeal from a judgment rendered by the Circuit Court of Cook county, upon a declaration in trover. The action was originally brought in replevin against Henry to recover possession of a promissory note for §550, signed by one Redmond Prindiville, dated March 31st, 1863, and payable to the order of the plaintiff Eddy, three months after date, on which §300 had been paid, leaving a balance of §250, and interest due thereon.

Weft of Error to the Recorder’s Court of the city of Chicago ; the Hon. Evert Van Buren, Recorder, presiding. Charles Jupitz was indicted in the court below for receiving stolen property, knowing it to be such.

This was an action of replevin brought by the appellant against the appellee for the recovery of a house. On the trial below a verdict and judgment were rendered for the defendant. The facts appear in the opinion of the court.

Writ of Error to the Circuit Court of Mercer county, Hon. C. B. Lawrence, Judge, presiding. This was an action of assumpsit brought by the defendant in error against the plaintiffs in error, as partners, upon a promissory note signed Bell and Thompson. The defendant, Thompson, made default. The defendant, James Bell, pleaded in abatement denying the partnership. The defendant, Charles H. Bell, pleaded the general issue.

Writ of Error to the Circuit Court of Peoria county; the Hon. M. Williamson, Judge, presiding. This was an action of trespass vi et armis, brought by Aulger against Smith the defendant. The declaration charges the defendant with stabbing the plaintiff with a knife, and claims special damages. The defendant plead the general issue and son assault demesne. The plaintiff filed a replication de unjiuria—issue joined.