Neteler v. Culies
Illinois Supreme Court
This was an action of assumpsit, brought by plaintiffs against defendants, in the Brown Circuit Court, at the October term, A. D. 1855, upon the following promissory note: $120.69. New York, March 26, 1851. Six months after date, we promise to pay to the order of James Williams, one hundred and twenty dollars, sixty-nine cents, value received. HURDS & NETELER. The declaration contains a special count upon the note, the money counts, and a count on an account stated.
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This was an action of assumpsit, brought by plaintiffs against defendants, in the Brown Circuit Court, at the October term, A. D. 1855, upon the following promissory note: $120.69. New York, March 26, 1851. Six months after date, we promise to pay to the order of James Williams, one hundred and twenty dollars, sixty-nine cents, value received. HURDS & NETELER. The declaration contains a special count upon the note, the money counts, and a count on an account stated. The declaration is in the usual form against makers of joint and several notes. No allegation in the declaration that defendants…
1Opinion of the CourtSkinner, J.
The plaintiffs below sued Israel A. Hurd, William 0. Hurd and John H. Neteler, and declared against them in assumpsit, as joint makers of a promissory note, payable to James Williams, and by him assigned to the plaintiffs. The cause was tried by the court upon the general issue. The only evidence, on the trial, in support of the action, was a promissory note, signed “ Hurds & Neteler,” payable to Williams, and by him assigned to the plaintiffs below.
The defendants objected to the note as evidence, for variance and irrelevancy, but the court overruled the objection, and rendered judgment in…
2Cited by4 opinions
- Lee v. MendelIllinois Supreme Court · 1866
- Frankland v. JohnsonAppellate Court of Illinois · 1892
- Harper v. DixonAppellate Court of Illinois · 1897
- Becker v. German Mutual Fire InsuranceIllinois Supreme Court · 1873