Waterman v. Jones
Illinois Supreme Court
The record in this case shows, that on the 20th day of November, 1860, the defendant in error filed in the office of the clerk of the Court of Common Pleas of the city of Aurora, his declaration, alleging that the defendants made and delivered to him their certain promissory note, of which the following is a copy: “ $2,0!#. 25. Aukoka, Nov. 20, 1860. On demand, for value received, we promise to pay John Jones or order, two thousand and twenty-seven and 25-100 dollars, with…
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The record in this case shows, that on the 20th day of November, 1860, the defendant in error filed in the office of the clerk of the Court of Common Pleas of the city of Aurora, his declaration, alleging that the defendants made and delivered to him their certain promissory note, of which the following is a copy: “ $2,0!#. 25. Aukoka, Nov. 20, 1860. On demand, for value received, we promise to pay John Jones or order, two thousand and twenty-seven and 25-100 dollars, with interest at the rate of ten per cent, per annumm. (Signed) D. B. WATERMAN & CO.” On the same day, the note with the…
1Opinion of the CourtBkeese, J.
The note, warrant of attorney, and entry of the judgment under it, all bear date November 20, 1860.
It is manifest the judgment was confessed by the attorney under the warrant too soon. By its terms, authority was conferred to confess the judgment at any time from and after the date of the warrant, which was the 20th day of November, 1860.
Admitting an action might have been brought on the note, on the 20th, that being in law a demand, the warrant of attorney to confess a judgment must be strictly pursued, and must control. That warrant was the authority.
But it is said, the note being payable…
2Cited by12 opinions
- People ex rel. Blachly v. CoffinIllinois Supreme Court · 1917
- Higgins v. HalliganIllinois Supreme Court · 1867
- Thomas v. MuellerIllinois Supreme Court · 1883
- Blake v. State BankIllinois Supreme Court · 1899
- White v. JonesIllinois Supreme Court · 1865
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