Zimmerman v. Wead
Illinois Supreme Court
This was an action of assumpsit. The declaration is as follows: Hezekiah M. Wead, who sues for the use of the Illinois Central railroad company, plaintiff, complains of Charles W. Zimmerman, who was summoned, etc., defendant, in a plea of the case on promises, for that the said defendant heretofore, to wit, on the 7th day of November, A. D. 1855, at and within the county and state aforesaid, made his certain note, in writing, of that date thereby, by the name of O. W.…
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This was an action of assumpsit. The declaration is as follows: Hezekiah M. Wead, who sues for the use of the Illinois Central railroad company, plaintiff, complains of Charles W. Zimmerman, who was summoned, etc., defendant, in a plea of the case on promises, for that the said defendant heretofore, to wit, on the 7th day of November, A. D. 1855, at and within the county and state aforesaid, made his certain note, in writing, of that date thereby, by the name of O. W. Zimmerman, promising to pay to the order of William Kellogg (by the name of William Kellogg), at the office of N. B. Curtiss &…
1Opinion of the CourtCaton, J.
This was an action of assumpsit, brought by Wead, as assignee of a promissory note, made by defendant to Kellogg, and by him indorsed to the plaintiff. The declaration sets forth that the defendant made his promissory note, promising to pay Kellogg or order, etc., and that Kbllogg assigned the note to the plaintiff, and avers the non-payment, etc. The declaration alleges that the action is brought for the use of the Illinois Central railroad company. We think the declaration is sufficient. According to the ancient strictness in pleading, it may be that the averments are insufficient, but the…
2Cited by10 opinions
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