Mulford ex rel. Fullerton v. Shepard
Illinois Supreme Court
This was an action commenced by the plaintiff in error, in the Circuit Court of Will county, against the defendant in error, upon a promissory note for $250, bearing date January 26, 1837, made by the defendant, and payable to Abel Gilbert or order, six months from date, with interest, and by said Gilbert endorsed and assigned to the plaintiff. The declaration alleges that the note was endorsed to the plaintiff before it became due.
Read the full summary
This was an action commenced by the plaintiff in error, in the Circuit Court of Will county, against the defendant in error, upon a promissory note for $250, bearing date January 26, 1837, made by the defendant, and payable to Abel Gilbert or order, six months from date, with interest, and by said Gilbert endorsed and assigned to the plaintiff. The declaration alleges that the note was endorsed to the plaintiff before it became due. The defendant pleaded the general issue, and by agreement of parties, had permission “ to give any special matter in evidence on the trial, which by the law and…
1Opinion of the CourtSmith, Justice
This was an action by the endorsee of a promissory note, endorsed before the day of payment, against the maker. The declaration is in the usual form. The defendant pleaded the general issue, and by agreement had leave to give any special matter in evidence, under the plea, which would amount to a bar to the action. It appears that a judgment was rendered on a general verdict for the defendant.
From the bill of exceptions (which makes by reference to it, an affidavit of the plaintiff’s counsel, a part thereof,) it appears that it was proved on the trial, that the note was given as a part…
2Cases cited5 opinions
- Vallett v. ParkerNew York Supreme Court · 1831
- Pinkerton v. BaileyNew York Supreme Court · 1832
- Braman v. HessNew York Supreme Court · 1816
- Baker v. ArnoldNew York Supreme Court · 1805
- Phillips v. BradburyIndiana Supreme Court · 1834
3Cited by1 opinion
- Green v. WilkieSupreme Court of Iowa · 1896