Rice v. Webster

• Citation: 1857 WL 5577,18 Ill. 331,8 Peck 331
• Parties: JACOB E. RICE, impleaded with ALDRICH C. WILEY,v.FRANCIS B. WEBSTER et al.
• Decision Date: 30 April 1857
• Court: Supreme Court of Illinois

18 Ill. 331
1857 WL 5577 (Ill.)
8 Peck (IL) 331

JACOB E. RICE, impleaded with ALDRICH C. WILEY,
v.
FRANCIS B. WEBSTER et al.

Supreme Court of Illinois.

April Term, 1857.

THIS was an action in assumpsit for goods, wares and merchandise.

The plaintiff here, defendant below, interposed the following plea:

“And the said defendant, Rice, comes and defends the wrong and injury when, etc., and says, actio non, because he says that, after the making of the said promises in said declaration mentioned, the said plaintiffs, by J. B. Webster, their attorney, in that behalf duly authorized, executed their certain release, under their hands and seals (with other persons therein named), which release is now to the court here shown, in the words and figures following:

TO ALL TO WHOM THESE PRESENTS SHALL COME: We, who have hereunto set our hands and seals, creditors of A. C. Wiley and Jacob E. Rice, now or late of Galesburgh, in the state of Illinois, traders and late partners under the firm of Wiley & Rice, etc., greeting:

WHEREAS, The said Wiley has conveyed to Henry Carter and John B. Fenno a farm situated in Edgar county, in the state of Illinois, containing three hundred and twenty-five acres, for the benefit of two creditors of said firm, and to be sold, and the proceeds distributed ratably among said creditors, without preference:

Now, in consideration of the premises, do hereby severally, and not jointly, covenant with said Wiley that we will not, at any time hereafter, arrest, attach, seize, take or levy upon the property or body of the said Wiley, by reason of any claim we now have against said firm of Wiley & Rice, or any process which may issue thereon; and we do hereby release and discharge the said Wiley therefrom, as far as we may legally discharge the same without discharging the said Rice. We expressly reserve our claim against the said Rice for all such demands, except so far as the same shall be satisfied from the proceeds of said farm, this agreement and release being on the express condition that the said Wiley shall make a good title to the said farm to them, said Carter & Fenno, in fee-simple, free and clear of all right to dower and incumbrance. IN WITNESS WHEREOF we have hereunto set our hands this 13th of May, A. D. 1856.

+----------------------------------------+
                ¦(Signed)¦WEBSTER, BUTTON & CALL. [SEAL.]¦
                +--------+-------------------------------¦
                ¦ ¦By J. B. WEBSTER. [SEAL.]” ¦
                +----------------------------------------+
                

[18 Ill. 332]

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