Chalmers v. Moore
Illinois Supreme Court
The declaration was in assumpsit by Thomas C. Moore second indorsee, against David Chalmers, indorser; first count averring due diligence by suit, etc.; second count, insolvency when notes fell due, etc.; and the common counts. There was a trial by jury ; motion for a new trial; judgment for $213.69 and costs. Execution to Knox county, dated July 17th, 1858. Received by sheriff, July 20th, 1858. Returned, no property found. Return not dated. Writ not marked filed.
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The declaration was in assumpsit by Thomas C. Moore second indorsee, against David Chalmers, indorser; first count averring due diligence by suit, etc.; second count, insolvency when notes fell due, etc.; and the common counts. There was a trial by jury ; motion for a new trial; judgment for $213.69 and costs. Execution to Knox county, dated July 17th, 1858. Received by sheriff, July 20th, 1858. Returned, no property found. Return not dated. Writ not marked filed. Alias execution to Peoria county, dated August 14th, 1858. Returned August 14th, 1858, no property found. Clerk testified that…
1Opinion of the CourtBreese, J.
The record in this case shows an action by the assignee against the indorser or assignor of a promissory note.
Ch. 73, section 7, (Scates’ Comp. 291,) provides that every assignor of every promissory note, bond, bill or other instrument in writing, shall be liable to the action of the assignee or assignees thereof, or his or their executors and administrators, if such assignee shall have used due diligence, by the institution and prosecution of a suit against the maker thereof for the recovery of the money or property due thereon, or damages in lieu thereof, with the proviso, that if the…
2Cited by4 opinions
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- Swiggett v. SeymourU.S. Circuit Court for the District of Indiana · 1868
- Windheim v. OhlendorfAppellate Court of Illinois · 1878