Kelley v. Hemmingway
Illinois Supreme Court
This cause was tried by Henderson, Judge, without thé in- . tervention of a jury, at the special term in June, 1851, of the Du Page Circuit Court, and resulted in a judgment for Hemming-way, the assignee of the note for the sum of $75.73 damage^ and costs. Thereupon Kelley appealed to this court. The facts of the case are stated in the opinion.
1Opinion of the CourtTreat, C. J.
This was an action brought by Hemmingway against Kelley before a justice of the peace, and taken by appeal to the Circuit Court. On the trial, in the latter court, the plaintiff offered in evidence an instrument in these words: —
“ Castleton, April 27th, 1844.
“ Due Henry D. Kelley fifty-three dollars when he is twenty-one years old, with interest.. David Kelley.”
On the back of which was this indorsement:
“ Rockton, May the 21st, 1849. “ Signed the within, payable to Moses Hemmingway.
“Henry Kelley.”
The plaintiff proved that the payee became of age in August, 1849. The defendant objected to the…
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