Wehrly v. Morfoot

Citations

• 103 Ill. 183
• 1882 Ill. LEXIS 166

Syllabus

<p>1. Former recovery—of entire and separate demands—as, principal and interest. Where a promissory note, running, according to the face of it, for several years, provides that the interest shall be payable annually, and “if the interest is not so paid the entire principal sum shall immediately become due and payable,” the omission to pay the interest for a given year will not operate to render the annual interest thus accrued and unpaid, together with the principal sum, an entire demand, in any such sense as will preclude a recovery for each year’s interest as it shall accrue, in successive suits therefor.</p> <p>2. So where a recovery was had for one year’s interest, under such a contract, it was held the judgment so recovered would not operate as a bar to a subsequent suit for the interest which had accrued in the succeeding year.</p> <p>3. Of course, if the prior action had been brought for the principal sum, and the interest which had accrued up' to a particular date, then the recovery therein would bar any further suit upon the note, although it was for less than the amount actually due. 1</p>