Adams v. Hardin

Case # 2507

Appellant/Plaintiff

Absalom Adams

Appellee/Defendant

Martin D. Hardin

Appellant/Plaintiff Attorneys

  • Nathan Morse Knapp, Henry Case

Appellee/Defendant Attorneys

  • Berry, Haldeman

County of Origin

Scott County

Justice

Justice Sidney Breese

Terms of Court

December 1857

Type of Case

Assumpsit, Debt

Disposition

Reversed

Citation

19 Ill 273

Case Summary

Hardin sued Adams to recover a debt on a promissory note. The circuit court found for Hardin. The Supreme Court reversed the lower court's judgment, noting that the circuit court wrongly sustained Hardin's demurrer to Adams's plea. The declaration began as a Debt action but concluded as an assumpsit action. Debt and Assumpsit cannot be combined in one declaration, constituting the initial error. 

Illinois Reports File