Adams v. Colton

Case # 469

Appellant/Plaintiff

Ripley E. W. Adams

Appellee/Defendant

Rufus Colton

Appellant/Plaintiff Attorneys

  • John C. Newkirk, Justin Butterfield

Appellee/Defendant Attorneys

  • Uri Osgood

County of Origin

Will County

Justice

Justice Thomas C. Browne

Terms of Court

December 1839

Type of Case

Assumpsit

Disposition

Reversed

Citation

3 Ill 71

Case Summary

Colton sued Adams in an action of assumpsit to recover a debt. The circuit court overruled the motion for a continuance, despite Adams's affidavit to present a witness who could testify to a set-off of the debt. A jury found for Colton, and Adams appealed. The Supreme Court reversed and remanded the case for a new trial because the circuit court's refusal to grant a continuance based on the absence of a crucial witness was an error. 

Illinois Reports File