Clifford v. Keating
Illinois Supreme Court
This cause was heard in the Court below, at the September term, 1841, before the Hon. Sidney Breese. The facts of the case sufficiently appear in the opinion of the Court, except that the breach in the declaration did not allege that the note was unpaid; but it did allege that the defendant had not paid the judgment and costs recovered against the maker upon the note. The plaintiff brought the cause to this Court, by writ of error.
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This cause was heard in the Court below, at the September term, 1841, before the Hon. Sidney Breese. The facts of the case sufficiently appear in the opinion of the Court, except that the breach in the declaration did not allege that the note was unpaid; but it did allege that the defendant had not paid the judgment and costs recovered against the maker upon the note. The plaintiff brought the cause to this Court, by writ of error. The defendant in error made affidavit that the scire facias to hear errors was served upon him by Andrew Miller, the acting sheriff of Madison county, who was the…
1Opinion of the CourtBreese, Justice
This was an action of assumpsit, brought by the assignee of a promissory note, against a remote assignor, alleging the insolvency of the maker, &c. A general demurrer was filed to the declaration, which I sustained at the circuit, without any particular examination of the question presented, and on the implied admission and understanding, that our statute in relation to assigned promissory notes was similar to those of Virginia, Kentucky, and Indiana, on the same subject. The sustaining of the demurrer is assigned here as error. An examination of those statutes, especially those of Virginia…
2Cases cited4 opinions
- Mandeville v. Joseph Riddle & Co.Supreme Court of the United States · 1803
- M'Carty v. RheaIndiana Supreme Court · 1820
- Smallwood v. WoodsCourt of Appeals of Kentucky · 1809
- Bullitt v. ScribnerIndiana Supreme Court · 1818