Legal Opinion

Kelly v. Garrett

Illinois Supreme Court

Decided December 15, 1844PublishedCited by 2 opinions

Assumpsit, in the Cook Circuit Court, brought by the plaintiff in error, against the defendant in error. The cause was tried at the March term 1844, before the Hon. Richard M. Young and a jury. Verdict and judgment for the defendant. The several proceedings at the trial appear in the Opinion of the Court.

1Opinion of the Court

The Opinion of the Court was delivered by

Scates, J. *

James Kinzie made his note to Garrett or order, for three hundred dollars, with interest, at the Berrien County Bank. Garrett assigned the note to Kelly. This suit was brought in the name of Kelly against Garrett, upon the assignment. Garrett pleaded a release from Kelly, to which there was a replication that the* note was the property of the Berrien County Bank, and that suit was brought in the name of Kelly for mere convenience only, and that Garrett had due notice of these facts. Garrett rejoined that the note belonged to the Berrien…

2Cases cited2 opinions

  1. Bank of Niagara v. M'CrackenNew York Supreme Court · 1821
  2. Jefferson County Bank v. ChapmanNew York Supreme Court · 1822

3Cited by2 opinions

  1. Haney v. WilcheckDistrict Court, W.D. Virginia · 1941
  2. Streeter v. JunkerAppellate Court of Illinois · 1923

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