Lowe v. Bliss
Illinois Supreme Court
This was an action in assumpsit. Declaration filed December 4th. Counts: 1st. On a promissory note of plaintiff in error, (defendant below,) dated July 28, 1858, made at New York, promising “to pay Geo. Bliss & Co.,” (defendants in error,) “plaintiffs, the sum of two hundred and twenty-two and 47-100 dollars, with the current rate of exchange on New York, for value received, in ninety days after the date thereof,” alleging non-payment. 2nd.
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This was an action in assumpsit. Declaration filed December 4th. Counts: 1st. On a promissory note of plaintiff in error, (defendant below,) dated July 28, 1858, made at New York, promising “to pay Geo. Bliss & Co.,” (defendants in error,) “plaintiffs, the sum of two hundred and twenty-two and 47-100 dollars, with the current rate of exchange on New York, for value received, in ninety days after the date thereof,” alleging non-payment. 2nd. The common counts for goods sold, money lent, had and received, and an account stated. With declaration, copy of note sued on, as follows: $222.47-100.…
1Opinion of the CourtWalker, J.
It is first objected that the instrument read in evidence, varies from that described in the declaration, and should have been excluded. That set out in the special count is described as payable at no specified place, whilst that read in evidence is payable at the Kankakee Bank, Ill. There was a clear and material variance between the two instruments. A note payable at a specified place is essentially different from one which is payable generally. It has been repeatedly held, that a note described in the declaration, without any place of payment, is not sustained by a note which is payable…
2Cases cited1 opinion
- Sebree v. DorrSupreme Court of the United States · 1824
3Cited by24 opinions
- Derinza's CaseMassachusetts Supreme Judicial Court · 1918
- Sperry v. HorrSupreme Court of Iowa · 1871
- Dorsey v. WolffIllinois Supreme Court · 1892
- Nickerson v. SheldonIllinois Supreme Court · 1864
- Hastings v. ThompsonSupreme Court of Minnesota · 1893
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