Chumasero v. Gilbert
Illinois Supreme Court
This was an action of assumpsit, commenced in the La Salle County Court, by the appellee, against the appellant, and was tried at June term, 1859, before Champlin, Judge, a jury having been waived by agreement of the parties, and a judgment found for appellee. The declaration contained a special count upon a promissory note, which is in the words and figures following: $397.69. • La Salk, October 11th, 1858. Eighty days from date, I promise to pay to Wm.
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This was an action of assumpsit, commenced in the La Salle County Court, by the appellee, against the appellant, and was tried at June term, 1859, before Champlin, Judge, a jury having been waived by agreement of the parties, and a judgment found for appellee. The declaration contained a special count upon a promissory note, which is in the words and figures following: $397.69. • La Salk, October 11th, 1858. Eighty days from date, I promise to pay to Wm. Chumasero and R. G. Parks, or order, three hundred and ninety-seven and 69-100 dollars, without defalcation, for value received, at the…
1Opinion of the CourtWalker, J.
It is a rule of uniform application, wherever the common law obtains, that the lex fori governs the remedy. And in the absence of pleadings and proof, it regulates the rights of the parties under the contract. If this is not strictly true, it is so with but few exceptions.
When a foreign law is relied upon, either for the recovery of a right, or as a defense, the law must be pleaded and proved. This rule has been repeatedly held by this court, and is regarded as the settled law. Norare we aware that there is any different rule when the effort is made to recover on a written contract, under the…
2Cited by13 opinions
- Morris v. WibauxIllinois Supreme Court · 1895
- Mason v. DousayIllinois Supreme Court · 1864
- Dearlove v. EdwardsIllinois Supreme Court · 1897
- McCurdy v. Alaska & Chicago Commercial Co.Appellate Court of Illinois · 1902
- Robinson v. HolmesAppellate Court of Illinois · 1898
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