Legal Opinion

Adams v. King

Illinois Supreme Court

Decided December 15, 1854PublishedCited by 4 opinions

This cause was hoard before Walker, Judge, at April term, 1854, of the Brown Circuit Court. The declaration avers, that the defendants made their joint and several promissory notes, and delivered the same to the said plaintiffs, and jointly and severally promised to pay the plaintiffs, by the name and style of the administrators of Abner Chase, deceased, six months’ after date, etc.

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This cause was hoard before Walker, Judge, at April term, 1854, of the Brown Circuit Court. The declaration avers, that the defendants made their joint and several promissory notes, and delivered the same to the said plaintiffs, and jointly and severally promised to pay the plaintiffs, by the name and style of the administrators of Abner Chase, deceased, six months’ after date, etc. It then avers the appointment of plaintiffs as administrators by the county court, with a profert, and that defendants became liable to pay the said plaintiffs the sum of money in the note specified, according to…

1Opinion of the CourtScates, J.

The error assigne’d is for overruling a demurrer to the declaration. It was in assumpsit, and contained two counts ; each upon a promissory note, made by plaintiffs in error to “ the administrators of Abner Chase, deceased,” for four hundred dollars, with six per cent, interest from date, for value received, dated 7th March, 1853, one payable in six and the other in twelve months.

The declaration further avers, that defendants were the administrators of' Abner Chase on the 7th March, 1853, with proferí of the letters of administration, dated 19th December, 1851; and that the notes were…

2Cases cited2 opinions

  1. Dwight v. NewellIllinois Supreme Court · 1854
  2. Frye v. MenkinsIllinois Supreme Court · 1854

3Cited by4 opinions

  1. American National Bank v. KerleyOregon Supreme Court · 1923
  2. Shaw v. SmithMassachusetts Supreme Judicial Court · 1889
  3. Edgerton v. PrestonAppellate Court of Illinois · 1884
  4. Weeger v. MuellerAppellate Court of Illinois · 1902

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