Herring v. Woodhull
Illinois Supreme Court
This bill of complaint, filed by Woodhull, states that on the 18th of January, 1851, Granville Herring, of Winnebago county, Illinois, was indebted to Benjamin Moffatt, then of the same county, but now deceased, in $1,200, and made his promissory note for that sum, payable with interest annually-at ten per cent., to said Benjamin Moffatt or bearer, five years from date.
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This bill of complaint, filed by Woodhull, states that on the 18th of January, 1851, Granville Herring, of Winnebago county, Illinois, was indebted to Benjamin Moffatt, then of the same county, but now deceased, in $1,200, and made his promissory note for that sum, payable with interest annually-at ten per cent., to said Benjamin Moffatt or bearer, five years from date. To secure the payment of the note, Granville Herring, on the same day, made to Benjamin Moffatt a mortgage in fee of eighty acres of land described therein, lying in the county of Winnebago. Subsequently, on April 15, 1856,…
1Opinion of the CourtBreese, J.
The first point made in this ease is, that the note was not properly indorsed, the transfer being on the face of the note. Literally, indorsement means a writing, in dorse, upon the back of the bill or note. But it is well established, ‘that though such is its import, it may be made on the face of the bill, and numerous indorsements may be made on a separate paper, called an allonge. Chit, on Bills, *227; Yarborough v. Bank of England, 16 East, 12 ; Rex v. Bigg, 1 Strange, 18 ; Story on Promissory Notes, sec. 121; Gibson v. Powell, 6 Howard (Miss.) 60. And any form is sufficient which manifests…
2Cases cited3 opinions
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