Lane v. Adams
Illinois Supreme Court
APPEAL PROM CLARK. This was a proceeding instituted in the Clark Circuit Court, by William T. Adams, against Joseph Lane, James McCabe, Lewis Bradley and William Calvert, by action of assumpsit, at June term, A. D. 1857, of said court. The record shows that the summons issued in this cause was served upon all of said defendants, except William Calvert, who was not found.
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APPEAL PROM CLARK. This was a proceeding instituted in the Clark Circuit Court, by William T. Adams, against Joseph Lane, James McCabe, Lewis Bradley and William Calvert, by action of assumpsit, at June term, A. D. 1857, of said court. The record shows that the summons issued in this cause was served upon all of said defendants, except William Calvert, who was not found. It also shows that the declaration contained a special count on a promissory note, and also the common counts for money “ had and received,” for “ money paid, laid out,” etc., for “money lent,” and for “money due on account…
1Opinion of the CourtSkinneb, J.
This was an action of assumpsit. The declaration contained a special count upon a promissory note, executed by the defendants to the plaintiff below, and the common money counts. The defendants pleaded the general issue, and the cause was tided by the court. Upon the trial, the plaintiff offered in evidence a promissory note, executed by defendants to the plain-tiff, but the same being objected to as variant from that described in the special count, was rejected.
The plaintiff then proved the execution of the note by the defendants, and that the consideration of it was real estate, sold by the…
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