Toles v. Montague
Illinois Supreme Court
Appeal from the Circuit Court of Coles county; the Hon. James Steele, Judge, presiding. This was an action of assumpsit, brought by Montague against Toles, upon a promissory note executed by Toles to W. S. Hinkle.
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Appeal from the Circuit Court of Coles county; the Hon. James Steele, Judge, presiding. This was an action of assumpsit, brought by Montague against Toles, upon a promissory note executed by Toles to W. S. Hinkle. The declaration, after alleging the making of the note, averred that W. S. Hinkle, the payee, on, etc., at, etc., “ endorsed the said promissory note, by writing bis name across the back thereof, to one John M. Hinkle, ánd then and there delivered the said promissory note to the said John M. Hinkle, and John M. Hinkle, to whom the payment of the sum of money in the said promissory…
1Opinion of the CourtJustice Lawrence
This was a suit upon a promissory note, and the record is brought here on the judgment of the court overruling a demurrer to the declaration. The only objection taken to the declaration is, that the endorsement is not sufficiently averred. The declaration alleges that the payee endorsed the note by writing his name across the back thereof, to one John M. Hinkle, with a like averment of endorsement by Hinkle to Hoddy, and by Hoddy to the plaintiff. This is not an averment of a blank endorsement, as claimed by appellant, but of an endorsement to a particular person, and is sufficient.
We are…
2Cited by1 opinion
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