Stern v. People

Appellate Court of Illinois

Stern v. People

9 Ill. App. 411, 1881 Ill. App. LEXIS 171

DecidedOctober 6, 1881

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This text of 9 Ill. App. 411 (Stern v. People) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Stern v. People, 9 Ill. App. 411, 1881 Ill. App. LEXIS 171 (Ill. Ct. App. 1881).

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Opinion

Pee Ctteiam.

We have duly considered all the points presented in this case, and deem it unnecessary to say anything except as to one — relating to the allowance of interest. In actions purely ex contractu, it is certain the statute is an absolute guide in this respect. Sammis v. Clark, 13 Ill. 544; Hitt v. Allen, Ib. 592. But where there is an admixture of tort — where money is tortiously retained — interest may be allowed as damages, independent of the statute, and it is not a question for the jury to find whether there has been vexatious delay, etc.

■ We think the court properly instructed the jury in the present instance. LaSalle v. Simmons, 5 Gilm. 513; Magner v. Knowles, 67 Ill. 325; Chapman v. Burt, 77 Ill. 337; 2 Sedgwick on Damages, 7 Ed. 167.

The judgment of the circuit court will be affirmed.

Affirmed.,

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Pee Ctteiam.

We have duly considered all the points presented in this case, and deem it unnecessary to say anything except as to one — relating to the allowance of interest. In actions purely ex contractu, it is certain the statute is an absolute guide in this respect. Sammis v. Clark, 13 Ill. 544; Hitt v. Allen, Ib. 592. But where there is an admixture of tort — where money is tortiously retained — interest may be allowed as damages, independent of the statute, and it is not a question for the jury to find whether there has been vexatious delay, etc.

■ We think the court properly instructed the jury in the present instance. LaSalle v. Simmons, 5 Gilm. 513; Magner v. Knowles, 67 Ill. 325; Chapman v. Burt, 77 Ill. 337; 2 Sedgwick on Damages, 7 Ed. 167.

The judgment of the circuit court will be affirmed.

Affirmed.,

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9 Ill. App. 411, 1881 Ill. App. LEXIS 171, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stern-v-people-illappct-1881.

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