Vandalia Whig and Illinois intelligencer. [volume] (Vandalia, Ill.) 1832-183?, 1834-02-13


Let the supersedeas be awarded, the
Judgment OF the court below be rever
sed and the cause remanded to the cir
cut court Of Jackson county, for furthel
proceedings. The plaintiff recover.
cost. $500.
| Browne, Jus. dissents.. 4.,v- -.
CROKER VS.. GOODSELL & KEYS
ERROR TO ADAMS.
Goodsell and Keys contracted with
Croker to build a certain mill and fore.
bay in Adams county; and in consider
alton therefor, were to receive stipula.
ted sum, in instalments, the last of which
was to be paid tour months after the com.
pletion Of the work contracted for
The plaintiffs, in court below, common
ced their action before that time expired.
On the trial in the circuit court, after
the evidence was closed, the defend
ants counsel moved the court to instruct
the jury, that the completion of the mill
aud forebay was condition precedent,
and if the plaintiffs failed to prove the
performance Of said work, they could
not recover the specific price agreed on
IN the contract; and if they recovered
at all, they could not recover the last
instalment, till four months after the COM
pletion ofthe work. These instructions,
the court refused to give, and Judgment
was rendered in favor Of the plaintiffs.
10 reverse this judgment, a writ of err.
ror was brought in the supreme court.
Browne, Jus. after briefly stating the
case, says: sit is very clear that the
court below erred in refusing to give
the instruction asked for by the deien.
dant's counsel. The contract, most as.
suredly, was a condition precedent, and
the plaintiffs below bound themselves to
wait four months after the completion
OF the mill and forebay. This they failed
to do. The judgment of the court be.
low is reversed and the cause remanded
to the circuit court of Adams county
for further proceedings"
STATE BANK VS.. BROWN & STE
- H5f. PHENS.
OPINION OF THE COURT BY JUSTICE BROWN.
{. This is an action of assumpsit brought
on a note given to the plaintiff for the
use Of the people Of this state. The
defendant plead the statute of Limita
tions, to which plea, the plaintiff demur.
red, and the court below overruled the
demurrer, and gavejudgment for the de.
PENDANT. The error relied on to reverse
the Judgment, is, that the statute of
Limitations does not apply to debts due
the bank. In the case Of Morsland and
Willis VS.. the state bank, Breese's re-.
ports, 2O3, this court held that the di
|rectors Of the bank did not act for their
own benefit-theiF omission aud neglect
did not work an injury to the state; aud
at the Dec. Term, 1922, in the case Of
the adm'rs Of the widow and heirs of F.
Ernsts deceased, VS.. the state bank Of H.
llnois, this court decided that release
from all debts due to this state, was IA
release of debt secured by mortgage,
due to the state bank. By the statute
creating the stale bank, It is declared
that it shall belong to the state Of Illinois.
Hence it follows that the people Of Iii.
nois are the real plaintiffs, and are alone
entitled to the benefits of recovery
The president and directors are in NJ
way benefited or injured BY the proceed
ings Of the bank.
Are the people, then barred by the
statute Of Limitations? This question
though not directly before the court, was
incidentally decided In the case Of Mad
ison county, VS.. Bartlett, at the last tern
Of this court. The court there says
slt Is a well settled principle that state
is no. barred by statute OF Limitations
unless expressly named;" and We Sc,
Inc reason to change the opinion thus ex
pressed. The court below, therefore
(erred in overruling the demurrer t
1.-THE defendants plea. The judgmen
,|below is reversed with costs, and TIL
|. lcause reminded for further proceeding
From the Beardstown Chronicle.
We announce through our columes, tn
Rev. WIN KINNEY, and r. X. McLAuoE
as candidates for Governor. A col
= respondent has furnished US with an articl'
Il slowing why the Farmers Candidate
= observes TO be left at home, to preach tf
,e iospel and till his farm. We have alwa,
been opposed to Clergymen for civil of