Tobey v. Berly
Illinois Supreme Court
This action was assumpsit, brought to the August term, 1859, of the Superior Court of Chicago. The plaintiff below, Frederick Berly, declared upon two certain promissory notes, both bearing date at Chicago, June 1st, 1858, and payable to the order of O. H. Tobey, the defendant below, the one nine months after date, for $366.84, aBd the other ten months after said date, for $366.84, both with current rates of exchange on New York, and both signed by A. E. and E. H. Williams,…
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This action was assumpsit, brought to the August term, 1859, of the Superior Court of Chicago. The plaintiff below, Frederick Berly, declared upon two certain promissory notes, both bearing date at Chicago, June 1st, 1858, and payable to the order of O. H. Tobey, the defendant below, the one nine months after date, for $366.84, aBd the other ten months after said date, for $366.84, both with current rates of exchange on New York, and both signed by A. E. and E. H. Williams, and indorsed by the defendant, 0. H. Tobey. The declaration averred the insolvency of said makers of said notes at their…
1Opinion of the CourtBreese, J.
The record in this case, presents this question : were the notes and letters of the defendant, Tobey, sufficient evidence under the pleadings, to charge him ? It is averred in . the special counts of the declaration, that the makers were insolvent at the time the notes matured, and some evidence was given on both sides „on this point. The plaintiff relied, however, on the letter of the defendant addressed to him, dated March 29th, 1859, written subsequent to the maturity of one note, and prior to the maturity of the other. The letter is as follows :
“ Chicago, March 22th, 1859.
“ F. Berly :…
2Cases cited2 opinions
- Curtiss v. MartinIllinois Supreme Court · 1858
- Duryee v. DennisonNew York Supreme Court · 1810
3Cited by3 opinions
- Citizens Securities & Investment Co. v. DennisAppellate Court of Illinois · 1925
- Stewart v. SoenksenAppellate Court of Illinois · 1912
- Harney v. Estate of McCannAppellate Court of Illinois · 1912