{
  "id": 2485445,
  "name": "Richard J. Hamilton, Commissioner of School Lands for Cook county, Illinois, plaintiff in error v. Truman G. Wright, impleaded with Norman Clark, defendant in error",
  "name_abbreviation": "Hamilton v. Wright",
  "decision_date": "1839-12",
  "docket_number": "",
  "first_page": "582",
  "last_page": "583",
  "citations": [
    {
      "type": "nominative",
      "cite": "1 Scam. 582"
    },
    {
      "type": "official",
      "cite": "2 Ill. 582"
    }
  ],
  "court": {
    "name_abbreviation": "Ill.",
    "id": 8772,
    "name": "Illinois Supreme Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "1 Cranch 194",
      "category": "reporters:scotus_early",
      "reporter": "Cranch",
      "case_ids": [
        12121884,
        6761237
      ],
      "opinion_index": -1,
      "case_paths": [
        "/us/5/0194-01",
        "/dc/1/0194-01"
      ]
    }
  ],
  "analysis": {
    "cardinality": 150,
    "char_count": 2026,
    "ocr_confidence": 0.736,
    "sha256": "662d1d7f2cba61cbfc6aa0692dad6fa6fb63489f550c8838949f7ee0e227c8c3",
    "simhash": "1:1f45a2a159df32cc",
    "word_count": 352
  },
  "last_updated": "2023-07-14T16:34:33.017060+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Richard J. Hamilton, Commissioner of School Lands for Cook county, Illinois, plaintiff in error v. Truman G. Wright, impleaded with Norman Clark, defendant in error."
    ],
    "opinions": [
      {
        "text": "Lockwood, Justice,\ndelivered the opinion of the Court:\nThis was an action of debt brought by Hamilton, a commissioner of school lands, against Wright and Clark. The summons was only served on Wright, who suffered the judgment to go by default. The defendants in the note sued on, stipulated to pay ten per cent, interest. On the assessment of damages by the clerk, the plaintiff moved the Court to instruct the clerk that the plaintiff was entitled to recover twenty per cent, on the principal, and on the interest due\u2014which instruction the Court refused to give,\u2014and which refusal is assigned by Hamilton as error.\nThe declaration is in the usual form of debt, and contains no claim for twenty per cent, damages, in case of failure to pay either principal or interest. The instructions were properly refused. The twenty per cent, is given as a penalty, and it cannot be recovered unless the plaintiff claims it in his declaration.\nThe judgment is therefore affirmed,\u2014and the defendant in error is entitled to the costs of this Court.\nJudgment affirmed.\nNote. See Pearsons v. Hamilton, Ante 415.",
        "type": "majority",
        "author": "Lockwood, Justice,"
      }
    ],
    "attorneys": [
      "F. Peyton, for the plaintiff in error,",
      "G. Spring, for the defendant in error,"
    ],
    "corrections": "",
    "head_matter": "Richard J. Hamilton, Commissioner of School Lands for Cook county, Illinois, plaintiff in error v. Truman G. Wright, impleaded with Norman Clark, defendant in error.\nError to Cook.\nIn an action upon a note given to the Commissioner of School Lands of a county, for money loaned of the school fund, in order to entitle the plaintiff to recover the twenty per centum penalty given by the statute of 1835, it must be claimed in the declaration.\nThe twenty per centum interest which borrowers of the school fund are eompelled to pay, upon a failure to pay the principal and interest punctually, is given as a penalty.\nThis cause was heard in the Court below, at the August term, 1837, the Hon. Jesse B. Thomas presiding. Judgment was rendered for the plaintiff in error.\nF. Peyton, for the plaintiff in error,\ncited acts of 1835,27.\nG. Spring, for the defendant in error,\ncited 1 Cranch 194; 1 Peters\u2019 Cond. R. 291.\nGale\u2019s Stat. 638."
  },
  "file_name": "0582-02",
  "first_page_order": 582,
  "last_page_order": 583
}