Musselman v. Oakes
Illinois Supreme Court
ERROR TO MASSAC. This was an action of assumpsit, instituted at the September term of the Massac Circuit Court by the defendant in error against the plaintiffs in error.
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ERROR TO MASSAC. This was an action of assumpsit, instituted at the September term of the Massac Circuit Court by the defendant in error against the plaintiffs in error. The instrument sued on, and filed with the declaration, was in the words and figures following : Nine months after date, we or either of us promise to pay Olive Eletcher or R. H. Oakes, administrators of the estate of Winslow Eletcher, deceased, the sum of two hundred and forty-two dollars, for value received of them this the 10th of October, 1856. DANIEL MUSSELMAN, J. MUSSELMAN. There was a demurrer to this declaration,…
1Opinion of the Court
Catón, 0. J.
The declaration in this case was upon an instrument purporting to be a promissory note, payable to “ Olive Eletcher or R. H. Oakes,” in an action brought by Oakes. The declaration was demurred to, the demurrer overruled, and judgment rendered in favor of the plaintiff below. This was erroneous. The instrument sued on was payable in the alternative to one of two persons, and for that reason is not a promissory note, and could not be sued on as such. It is indispensable to a promissory note that it not only must be for a sum certain, and payable at a certain time, and without…
2Cited by6 opinions
- Smith v. HaireTennessee Supreme Court · 1915
- Diffenderfer v. ScottIndiana Court of Appeals · 1892
- Robbins v. Estate of RobbinsMissouri Court of Appeals · 1913
- Carr v. BauerAppellate Court of Illinois · 1895
- Egenberger v. NeumanCalifornia Court of Appeal · 1919
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