Beaubien v. Brinckerhoff

This was an action of assumpsit commenced by Brinckerhoff, as an endorsee of a promissory note, against Beaubien, the maker. The declaration is in the usual form, stating the note to be made, “ to wit,” at Chicago, in the county of Cook, but contains no averment that the plaintiff and defendant, or that the defendant resided, at the time of commencing the suit, in the city of Chicago, or in the county of Cook.

The summons was directed to the high constable of the city, and by him returned, served on the defendant, judgment was given in favor of the plaintiff, by default.

The assignment of…