Legal Opinion

Bilderback v. Burlingame

Illinois Supreme Court

Decided January 15, 1862PublishedCited by 7 opinions

This was an action of assumpsit, instituted in the Randolph Circuit Court, against Henry Bilderback and Harvey Bilderback, by Albert H. Burlingame, the assignee of Wm.

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This was an action of assumpsit, instituted in the Randolph Circuit Court, against Henry Bilderback and Harvey Bilderback, by Albert H. Burlingame, the assignee of Wm. B. Goddard, returnable to the September term, 1860. The return being “ defendants not found,” an alias writ was issued to the same defendants, returnable to the April term, 1861. It was returned served “by reading to Harvey Bilderback.” . The declaration was filed at the September term, 1860. It contains but one special count, the substance of which is as follows: That said defendants, (Henry Bilderback and Harvey Bilderback,)…

1Opinion of the CourtBreese, J.

The points made on this record are to be determined by our statute, chap. 13, title, “ Negotiable Instruments,” (Scates’ Comp. 291). The third section of that chapter provides, that all promissory notes, bonds, due-bills, and other instruments in writing, made or to be made by any person or persons, body politic or corporate, whereby such person or persons promise or agree to pay any sum of money or articles of personal property, or any sum of money in personal property, "or acknowledge any sum of money or article of personal property to be due to any other person or persons, shall be taken…

2Cases cited2 opinions

  1. Kelley v. HemmingwayIllinois Supreme Court · 1852
  2. Borah v. CurryIllinois Supreme Court · 1850

3Cited by7 opinions

  1. Cowan v. HallackSupreme Court of Colorado · 1886
  2. Hoyt v. JaffrayIllinois Supreme Court · 1862
  3. Luther v. CrawfordAppellate Court of Illinois · 1904
  4. Westbrook v. HowellAppellate Court of Illinois · 1890
  5. Pennsylvania Re-treading Tire Co. v. GoldbergIllinois Supreme Court · 1922

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