Thayer v. Peck
Illinois Supreme Court
Appeal from the Appellate Court of the Second District; the Hon. E. S. Leland, presiding Justice, and Hon. Joseph Sibley and Hon. Nathaniel J. Pillsbhry, Justices. This was an action of assumpsit by the indorsee against the indorser, upon a draft, reading as follows: “Chicago, July 27, 1875. “At one day’s sight pay to the order of myself five thousand two hundred and fifty dollars, with exchange, and charge to the account of H. L. Thayer.
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Appeal from the Appellate Court of the Second District; the Hon. E. S. Leland, presiding Justice, and Hon. Joseph Sibley and Hon. Nathaniel J. Pillsbhry, Justices. This was an action of assumpsit by the indorsee against the indorser, upon a draft, reading as follows: “Chicago, July 27, 1875. “At one day’s sight pay to the order of myself five thousand two hundred and fifty dollars, with exchange, and charge to the account of H. L. Thayer. “ To First National Bank of Joliet, Joliet, Illinois.” Indorsed: “ H. L. Thayer.” It appears that on the day of the date of the draft Thayer, desiring to…
1Opinion of the CourtJustice Dickey
The judgment of the Appellate Court was undoubtedly correct.
Waiving the discussion of the question whether the draft in question is commercial paper, and the question whether it was admissible under the special count, it certainly was competent under the common counts as a simple common law contract, and there was evidence tending to show a valuable consideration, and that nothing remained to be performed by plaintiff under the contract. Whether that proof was sufficient, being a question of fact, is a question which can not be raised in this court. In fact the proof tends to show money paid…
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