Root v. Irwin
Illinois Supreme Court
This was an action of assumpsit, brought by the plaintiff in error against the defendant in error, in the circuit court of Brown county. The declaration contains two counts. The first special, and is in the usual form.
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This was an action of assumpsit, brought by the plaintiff in error against the defendant in error, in the circuit court of Brown county. The declaration contains two counts. The first special, and is in the usual form. On a promissory note, given June 21st, 1852, by the defendant, to one Pencake, for $300, payable on or before the 17th of April, 1853, with ten per cent, interest thereon from the 17th of April, 1852; and by said Pencake afterward assigned to one Twombly, and by said Twombly afterward assigned to one Newby, and by said Newby afterward assigned to the plaintiff. The second eonnt…
1Opinion of the CourtCaton, J.
On the 21st of June, 1852, Irwin made his promissory note, payable to one Pencake, on the 17th of April, 1853. Pencake indorsed the note to Twombly, and Twombly indorsed it to Newby, who indorsed it to the plaintiff below. The plea is that the note was indorsed to Newby after it became due, and that after said indorsement, and before the maker had notice of the indorsement to the plaintiff below, Newby became indebted to the maker, on a promissory note given to one Stewart, by whom it was indorsed to Irwin, which he offers to set off, etc. To this the plaintiff below replied, that the note…
2Cited by3 opinions
- Lord v. FavoriteIllinois Supreme Court · 1862
- Leavitt v. PeabodySupreme Court of New Hampshire · 1882
- Reardan v. CockrellWashington Supreme Court · 1909