Hurd v. Brown
Illinois Supreme Court
The declaration in this cause avers, that the appellant ma.de his two certain promissory notes in writing, etc., by the name arid style of Dunlap, Wright & Co. One of these was a judgment note, the power of attorney to which was signed by Robert L. Dunlap and Josiah E. Colburn. The pleas are, general issue] and denial of the execution as partner, or otherwise. Trial before Van H. Higgins, Judge, and jury.
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The declaration in this cause avers, that the appellant ma.de his two certain promissory notes in writing, etc., by the name arid style of Dunlap, Wright & Co. One of these was a judgment note, the power of attorney to which was signed by Robert L. Dunlap and Josiah E. Colburn. The pleas are, general issue] and denial of the execution as partner, or otherwise. Trial before Van H. Higgins, Judge, and jury. Plaintiff’s testimony showed, that Robert L. Dunlap, Josiah E. Colburn, A. P. Wright, and H. B. Hurd, were the partners. Wright went out in April, 1856. Firm name then changed to Dunlap,…
1Opinion of the CourtWalker, J.
The only question in this case which we propose to consider, is whether Dunlap and Colburn were competent witnesses. The notes sued upon were signed Dunlap, Wright & Co., and the evidence shows that the firm had been composed originally of Dunlap, Wright, Colburn & Hurd, but in April, 1856, Wright withdrew, and the other members after that time continued business under the name of Dunlap, Colburn & Co. The notes purport to have been given on the 28th day of April, 1857, and were payable ninety days after date. Dunlap and Colburn executed a warrant of attorney at the same time to confess…
2Cited by2 opinions
- Brown v. HurdIllinois Supreme Court · 1866
- Bell v. ThompsonIllinois Supreme Court · 1864