Headley v. Shaw
Illinois Supreme Court
• Writ of Error to the Circuit Court of Fulton county; the Hon. C. L. Htgbee, Judge, presiding. This was an action of assumpsit brought by Southworth Shaw against Samuel Headley, to the September Term 1863, of the Fulton Circuit Court. The declaration contained two special counts and the common counts.
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• Writ of Error to the Circuit Court of Fulton county; the Hon. C. L. Htgbee, Judge, presiding. This was an action of assumpsit brought by Southworth Shaw against Samuel Headley, to the September Term 1863, of the Fulton Circuit Court. The declaration contained two special counts and the common counts. The first count declared upon a note to Shaw, the plaintiff, dated 16th June, 1859, for $143.50, payable on the 1st day of January, 1861, and recited that “ by which said note the said defendant, by the name, style and description of ‘ Samuel Headley,’ promised to pay,” etc. The second count…
1Opinion of the CourtJustice Bbeese
This was an action of assumpsit brought in the Fulton Circuit Court, by Southworth Shaw, against Samuel Headley on two promissory notes. The plea was the general issue, and a special plea to which there was a demurrer and the demurrer sustained. The issue was tried by the court without a jury.
It is on the second plea the main question is made. A preliminary question was raised on the evidence, which the court decided against the defendant. It was on the point of a variance between the note sued on and the one offered in evidence. The declaration alleges the note was made by the defendant, “by…
2Cases cited3 opinions
- Cunningham v. GwinnIndiana Supreme Court · 1837
- Runkle v. JohnsonIllinois Supreme Court · 1863
- Kincaid v. HoweMassachusetts Supreme Judicial Court · 1813
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