Newlan v. Shafer

Citations

• 38 Ill. 379

Syllabus

<p>1. Contracts—what constitutes a valid promise. The payee of an order, payable in liquors, presented it to the drawee and obtained the liquors upon it, but becoming dissatisfied with the quality of the liquors he returned them to the drawee. The drawer then told the payee if he would get the order back- from the drawee he would pay him the money upon it. The payee obtained the order from the drawee, and the drawer then refused to pay. Held, the obtaining of the order and the release of the drawee formed a sufficient consideration to support the promise of the drawer, and render him liable upon it.</p> <p>2. Interest—when, recoverable for delay in payment. The promise, in the case mentioned, was made in September, 1861, suit was instituted upon it in October following, and judgment rendered against the promissor 28th December, 1864. It was held the delay in payment was such as warranted the allowance of interest on the claim.</p>