Mumford v. Tolman
Illinois Supreme Court
Appeal from the Appellate Court for the First District; — heard in that court on appeal from the Circuit Court of Cook county; the Hon. Francis Adams, Judge, presiding. The facts in this case, as stated by the Appellate Court, are as follows: On January 29,1894, there was entered in the circuit court of Cook county a judgment by confession for $8612.96 and costs, in favor of appellee, against appellant. The cognovit and judgment included $395 attorney’s fees.
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Appeal from the Appellate Court for the First District; — heard in that court on appeal from the Circuit Court of Cook county; the Hon. Francis Adams, Judge, presiding. The facts in this case, as stated by the Appellate Court, are as follows: On January 29,1894, there was entered in the circuit court of Cook county a judgment by confession for $8612.96 and costs, in favor of appellee, against appellant. The cognovit and judgment included $395 attorney’s fees. The note upon which judgment was entered was given for one hundred shares of the Chicago Trust and Savings Bank stock, in this…
1Opinion of the CourtJustice Wilkin
The alleged variance is, that the declaration, in setting out the note, uses the language, “on demand I promise to pay,” etc., whereas the note reads, “Chicago, October 1, 1892. — On demand, after date,” the declaration omitting the words “after date.” This did not constitute a substantial variance. It was sufficient for the declaration to describe the note according to its legal effect, and this it did. The note was not due until after October 1. After that date it was due, not because the words “after date” were added, but because it stated it was due on demand. To set aside the judgment in…
2Cases cited1 opinion
- Knox v. Winsted Savings BankIllinois Supreme Court · 1870
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