Welch v. Karstens

Citations

• 60 Ill. 117

Syllabus

<p>1. Justice of the peace — recovery of interest in excess of the amount endorsed on the summons. In a suit upon an account before a justice of the peace, the plaintiff recovered a judgment for the full amount endorsed on the summons. The defendant appealed to the circuit court, where the plaintiff recovered a judgment for the full amount of his claim with the addition of interest thereon and ten per cent damages for the delay in taking the appeal: Held, the fact that the judgment exceeded the amount endorsed on the summons by the amount allowed for interest and damages did not vitiate it.</p> <p>2. The justice trying the cause had a right, under sec. 28 of chap. 59 R. S. 1845, which provides that if the judgment is rendered upon any note or bond or for a balance upon a settled account, the justice shall allow interest from the time when the same became due and include the same in the judgment, to allow interest from the time when the account was demanded and payment promised.</p>