Legal Opinion

Stewart v. Smith

Illinois Supreme Court

Decided April 15, 1862PublishedCited by 22 opinions

• The defendant in error brought his action against the plaintiffs in error in the Supreme Court of Chicago, and filed his declaration, containing three counts.

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• The defendant in error brought his action against the plaintiffs in error in the Supreme Court of Chicago, and filed his declaration, containing three counts. The first count states, that defendants (below) received, January 21, 1859, into their pork house, 280 hogs, weighing 45,545 pounds, from Stevens & Brother, the product of which they, the defendants, by their certain instrument in writing, then and there made and delivered to said Stevens & Brother, undertook and promised to deliver to the order of said Stevens & Brother, indorsed on said writing, and which instrument in writing is in…

1Opinion of the CourtBreese, J.

The only question of real importance presented by this record, and seriously discussed, is, whether the instrument declared on is assignable under the statute.

Chapter 73, title “ Negotiable Instruments,” provides, by section 3, that, “ All promissory notes, bonds, due-bills, and other instruments in writing, made or to be made, by any person or persons, body politic or corporate, whereby such person or persons promise or agree to pay any sum of money, or articles of personal property, or any sum of money in personal property, or acknowledge any sum of money or article of personal property to…

2Cited by22 opinions

  1. Gossard v. GossardCourt of Appeals for the Tenth Circuit · 1945
  2. Miller v. Germain Seed & Plant Co.California Supreme Court · 1924
  3. Dorsey v. WolffIllinois Supreme Court · 1892
  4. Steidtmann v. Joseph Lay Co.Illinois Supreme Court · 1908
  5. Nickerson v. SheldonIllinois Supreme Court · 1864

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