Quigley v. the Ex'x of David Spear

• Court: Illinois Supreme Court
• Writing for the Court: BECKWITH
• Citation: Quigley v. the Ex'x of David Spear, 33 Ill. 352, 1864 WL 2933 (Ill. 1864)
• Decision Date: 31 January 1864
• Parties: W B. QUIGLEY AND ANDREW DONNANv.THE EXECUTRIX OF DAVID SPEAR, dec'd.

33 Ill. 352

1864 WL 2933 (Ill.)

W B. QUIGLEY AND ANDREW DONNAN

v.THE EXECUTRIX OF DAVID SPEAR, dec'd.

Supreme Court of Illinois.

January Term, 1864.

ERROR to Circuit Court of Logan County, which by section 1, of the act of February 11, 1857, (Sess. Laws, 13), is one of the counties composing the eighth judicial circuit.

Assumpsit brought in September, 1861, by the testator of defendant in error against plaintiffs in error upon the following written instrument:

“It is agreed between W. B. Quigley and A. Donnan of one part, and David Spear of the other part, that when Henry Jordan pays his note, given to said Spear, indorsed by said Spear, for five thousand five hundred dollars, payable two years after date, with ten per cent. interest from date, payable annually, and dated Springfield, Ill., August, 1857, which note is held by said Quigley & Donnan, that then said Quigley & Donnan are to pay to said Spear five hundred dollars, or the amount received over five thousand if not five hundred dollars.

W. B. QUIGLEY,

ANDREW DONNAN.”

Damages were assessed by the court without a jury upon the default of the defendants, and judgment entered therefor; and the question for determination upon error is whether under said act the damages were properly assessed without a jury.

Stuart, Edwards & Brown, for plaintiffs in error.

BECKWITH, J.

Section 4 of the act of February 11, 1857 (Sess. Laws, p. 13), provides “that in all suits...