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75 Ill. 615

Daniels v. Osborn

Illinois Supreme Court

Decided September 15, 1874

Illinois Supreme Court · decided 1874-09-15

<p>Appeal from the Superior Court of Cook county; the Hon. William A. Porter, Judge, presiding.</p> <p>The suit was brought in this case in July, 1874.</p>

Cited by 2 later decisions — most recently March 1962

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1874-09-15

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¶1This was an action of assumpsit, brought by appellees, in the Superior Court of Cook county, against appellant, upon an account for goods sold and delivered.

¶2A jury having been waived, the court found the issues in favor of appellees, and rendered a judgment against appellant of $283.60, the amount of the account, with six per cent interest from the time it was due.

¶3The only ground of error relied upon is, that the court allowed interest upon the account.

¶4It appears, from the evidence, that the account was due, and appellant promised to pay it, in October, 1871.

¶5The statute provides, that interest may be allowed at the rate of six per cent per annum, on money withheld by an unreasonable and vexatious delay of payment.

¶6Appellant conceded that the account was due in October, 1871, at which time he promised to pay it. He failed and refused to perform his agreement, without any excuse. Under such circumstances, the court was justified in holding that the delay in payment was unreasonable and vexatious, within 'the meaning of the statute.

¶7The judgment will be affirmed.

¶8Judgment affirmed.

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