Harlow v. Boswell
Illinois Supreme Court
This cause was heard before Denning, Judge, at April term, 1850, of the Circuit Court of Union county. A judgment was rendered for the plaintiff below on the following note : “ Twelve months after date, for value received, ! promise to pay G. W. Allen, or W. H. Reed, his agent, fifty dollars, or as soon as I can sell the above amount of Allen’s vegetable tonic.
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This cause was heard before Denning, Judge, at April term, 1850, of the Circuit Court of Union county. A judgment was rendered for the plaintiff below on the following note : “ Twelve months after date, for value received, ! promise to pay G. W. Allen, or W. H. Reed, his agent, fifty dollars, or as soon as I can sell the above amount of Allen’s vegetable tonic. Witness my hand and seal, Oct. 7,1847. (Signed) N. B. Harlow, [seal].” Indorsed, “ For value received I assign the within note to Thomas Boswell. April 11, 1847.”
1Opinion of the CourtTreat, C. J.
The only questions in this case relate to the sufficiency of the first, third, fourth, and fifth pleas. The declaration was in debt on a promissory note, made by the defendant to Allen, payable twelve months after date, and assigned by the payee to the plaintiff before it became due.
The first plea was non assumpsit. It was not adapted to the form of action, and was properly held bad on demurrer.
The third plea averred in general terms that the note was not due and payable. The plea was clearly bad. The note, as described in the declaration, was overdue when the action was commenced. If it was…
2Cases cited1 opinion
- Abrams v. PomeroyIllinois Supreme Court · 1851
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