Kingsbury v. Wall
Illinois Supreme Court
Writ of Error to the Circuit Court of Marion county; the Hon. Silas L. Bryan, Judge, presiding. This was an action of assumpsit, brought by John Wall against Henry D. Kingsbury, upon an accepted order drawn on him in favor of Wm. B. Jarvis, and assigned by Jarvis to the plaintiff.
1Opinion of the CourtJustice Scott
The single question presented by this record is, whether the instrument upon which the action is founded is assignable, so as to enable the assignee to maintain the suit in his own name. We think it is not.
It is drawn by Pluma McKnight on Henry D. Kingsbury, and by him accepted, and requests him to deliver to William B. Jarvis, or to any person to whom he may assign the order, the sum of $2626.25, in a fair assortment of clothing from the invoices of goods lately purchased by him of Edwards, Bluett & Co., to be delivered at Centraba in good order, at a fair wholesale price,—the delivery only…
2Cases cited3 opinions
- Kelley v. HemmingwayIllinois Supreme Court · 1852
- Gillilan v. MyersIllinois Supreme Court · 1863
- Smalley v. EdeyIllinois Supreme Court · 1853
3Cited by10 opinions
- Canadian Bank of Commerce v. McCreaIllinois Supreme Court · 1882
- Husband v. EplingIllinois Supreme Court · 1876
- Potter v. GronbeckIllinois Supreme Court · 1886
- Van Zandt v. HopkinsIllinois Supreme Court · 1894
- Jennings v. First Nat. BankSupreme Court of Colorado · 1889
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