Dulaney v. Payne

Citations

• 101 Ill. 325
• 1882 Ill. LEXIS 88

Syllabus

<p>1. Actions—splitting entire cause of action. A party can not divide an entire demand or cause of action, and maintain several suits for its recovery; and a recovery for a part of an entire demand will bar an action for the remainder, if due at the time the first action was commenced.</p> <p>2. Same—as to several distinct causes of action. Where a plaintiff has several distinct causes of action, he may elect to sue upon one, or any one of them he chooses, and he has the further election to unite in one suit, under certain restrictions, several causes of action.</p> <p>3. SAME'—what are distinct causes of action—of a note with interest payable'in installments. Where a promissory note is given, payable in two or more years, with interest payable annually, or semi-annually, the holder may, at the end of each year, or half year, as the case may be, sue and recover the interest, and this will be no bar to a suit on the note when it.shall become due.</p> <p>4. Where a note is given, payable in one year, with interest payable semiannually, and a suit brought two years thereafter to recover the installments of interest then due, and a recovery therein, such judgment will be no bar to a subsequent action on the note to recover the principal. In such case, the promise to pay interest is a distinct cause of action from the promise to pay the principal. Each promise constitutes a distinct cause of action.</p>