Merritt v. Dewey
Illinois Supreme Court
Appeal from the Appellate Court for the Second District ;—heard in that court on appeal from the Circuit Court of Henry county; the Hon. W. H. Gest, Judge, presiding. This is an appeal prosecuted by H. Clay Merritt, the appellant, from a judgment of the Appellate Court for the Second District affirming a judgment of the circuit court of Henry county for $2111.92 in favor of Charles P. Dewey, the appellee, against the appellant.
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Appeal from the Appellate Court for the Second District ;—heard in that court on appeal from the Circuit Court of Henry county; the Hon. W. H. Gest, Judge, presiding. This is an appeal prosecuted by H. Clay Merritt, the appellant, from a judgment of the Appellate Court for the Second District affirming a judgment of the circuit court of Henry county for $2111.92 in favor of Charles P. Dewey, the appellee, against the appellant. The action was assumpsit, and the declaration consisted of the common counts and a special count on a promissory note for $1500, dated January 22, 1898, due one year…
1Opinion of the CourtJustice Scott
The instrument sued on was, at the time suit was brought thereon, in the words and figures following:
“$1500.00.
Kewanee, Ill., January 22, 1898.
“One year after date we promise to pay to the order of ourselves, fifteen hundred dollars, at my office, Kewanee, Ill., value received, with seven (7) per cent interest per annum.
L. Silverman,
H. Clay Merritt.”
—on the back of which appears the following:
“L. Silverman,
H. Clay Merritt.”
The note was written on a printed blank in- which there was no provision for the payment of interest, and Merritt testified that the interest clause, which is in writing…
2Cases cited10 opinions
- National Ulster County Bank v. MaddenNew York Court of Appeals · 1889
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- Ryan v. First National BankIllinois Supreme Court · 1894
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3Cited by9 opinions
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