Hill v. Todd
Illinois Supreme Court
This was an action of assumpsit on this note : $240.55. Chicago, Oct. 10, 1861. One day after date, we, the subscriber, of Wenona, county of Marshal, State of 111., promise to pay to the order of Buell,"Hill & Granger, two hundred and forty 65-100 dollars, at their office, value received, with current rate of exchange, and interest at ten per cent, after due, until paid. (Signed) A. H. TODD.
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This was an action of assumpsit on this note : $240.55. Chicago, Oct. 10, 1861. One day after date, we, the subscriber, of Wenona, county of Marshal, State of 111., promise to pay to the order of Buell,"Hill & Granger, two hundred and forty 65-100 dollars, at their office, value received, with current rate of exchange, and interest at ten per cent, after due, until paid. (Signed) A. H. TODD. On the back is written as follows : “W. & J. TODD & CO.” “ Pay to the order of John Hill. BUELL, HILL & GRANGER.” Plea, general issue. Motion to strike plea from files. Overruled. Jury waived, and by…
1Opinion of the CourtWalker, J.
The note upon which suit was brought in this case, was dated at Chicago, due one day after date, payable to Buell, Hill & Granger, at their office, with current rate of exchange. The note was indorsed to plaintiff in error. On the trial below, the note was alone read in evidence, when the court found the issues in favor of the defendant, and rendered judgment, for costs, against the plaintiff.
It is urged in affirmance, that as the note is expressed to be payable with exchange, that it is not for a sum certain, and that a recovery could not be had without proof of a consideration. There could…
2Cases cited1 opinion
- Lowe v. BlissIllinois Supreme Court · 1860
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