Legal Opinion

Springer v. Hutchinson

Appellate Court of Illinois

Decided June 3, 1895PublishedCited by 2 opinions

Assumpsit, on a promissory note. Appeal from the Circuit Court of Cook County, the Hon. Frank Baker, Judge, presiding. Heard in this court at the March term, 1895.

1Opinion of the Court

Mr. Presiding Justice Waterman

delivered the opinion of the Court.

If two names, according to the ordinary rules of pronouncing the English language, may be sounded alike, without doing violence to the letters found in the variant orthography, the names are idem sonans, and the variance is prima faeie immaterial.

Courts are not fastidious in enforcing absolute precision in respect to orthography. Books v. State, 83 Ala. 79; Donnell v. United States, 1 Morris (Iowa) 141; Capan v. The People, 58 Ill. 163; Cutting v. Conklin, 28 Ill. 506; Donald v. People, 47 Ill. 534; Rivard v. Gardner, 39 Ill.…

2Cases cited4 opinions

  1. Rooks v. StateSupreme Court of Alabama · 1887
  2. McGregor v. BalchSupreme Court of Vermont · 1845
  3. Mason v. AinsworthIllinois Supreme Court · 1871
  4. Cutting v. ConklinIllinois Supreme Court · 1862

3Cited by2 opinions

  1. People v. TidmarshAppellate Court of Illinois · 1904
  2. Gottlieb v. Alton Grain Co.Appellate Division of the Supreme Court of the State of New York · 1903

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