Tipton v. Utley
Illinois Supreme Court
Appeal from the Circuit Court of St. Clair county; the Hon.-Joseph Gillespie, Judge, presiding. This was an action of assumpsit on a promissory note, by Thomas Utley against William It. Tipton and others.
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Appeal from the Circuit Court of St. Clair county; the Hon.-Joseph Gillespie, Judge, presiding. This was an action of assumpsit on a promissory note, by Thomas Utley against William It. Tipton and others. The special count in the plaintiff's declaration was as follows: “For that, whereas, the defendants, at the county of St. Clair aforesaid, on the 1st day of January, A. D. 1870, by the names and styles of W. E. Tipton, L. M. Tipton,' S. P. Tipton and J. E. Padfield, made their promissory note, in writing, and delivered the same to the plaintiff, and thereby jointly and severally promised to…
1Opinion of the CourtJustice Scott
We do not think there is any variance between the note described in the declaration and the one offered in evidence. The note described in the declaration is one payable in twelve months after date, and the one offered in evidence is payable twelve months after date. The legal effect is the same. Neither would become due until after the expiration of twelve months from the date of the note.
It has been held by this court, that where the declaration describes the note as payable on or before a certain day, and the one offered in evidence w'as payable on a certain day, there was no variance…
2Cases cited1 opinion
- Morton v. TennyIllinois Supreme Court · 1855
3Cited by1 opinion
- Allen v. OliverSupreme Court of Oklahoma · 1911