Bartholomew v. Bartholomew
Illinois Supreme Court
Oh the 14th February, 1856, the plaintiff in error sued the defendant in error before a justice of the peace of Peoria county, on the following note, viz.: “Peoria County, Hoy. 18, 1841. Twelve months after date, for value received, I (or we) promise to pay to Hoyes D. Bartholomew, or order, for the use and benefit of Betsey Bartholomew, the sum of twenty-five dollars, with six per cent, interest from date. (Signed) A, C. BARTHOLOMEW.”
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Oh the 14th February, 1856, the plaintiff in error sued the defendant in error before a justice of the peace of Peoria county, on the following note, viz.: “Peoria County, Hoy. 18, 1841. Twelve months after date, for value received, I (or we) promise to pay to Hoyes D. Bartholomew, or order, for the use and benefit of Betsey Bartholomew, the sum of twenty-five dollars, with six per cent, interest from date. (Signed) A, C. BARTHOLOMEW.” Judgment was rendered by the justice for the defendant, and plaintiff appealed to the circuit court of said county, in which court, at the November term, 1856,…
1Opinion of the CourtCaton, J.
This action was brought upon a note made by the defendant and payable to the plaintiff “for the use and "benefit of Betsey Bartholomew,” for twenty-five dollars, and interest.
The defense consisted of a receipt as follows: “Received of A. 0. Bartholomew, three dollars and twenty-five cents, it being in full of all accounts, notes whatsoever up to this date,” and is signed by the plaintiff. The receipt is dated nearly six years after the date of the note. The note and receipt constitute the whole evidence in the case. Upon this state of the proof the court instructed the jury, among other…
2Cited by1 opinion
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