Butterfield v. Kinzie
Illinois Supreme Court
This cause was heard in the Circuit Court of Cook county, at the March term, 1838, before the Hon. John Pearson. The judgment of the Court below was in favor of Kinzie, the defendant in error. This cause was by agreement of parties submitted to the Supreme Court for its decision.
1Opinion of the CourtWilson, Chief Justice
The only question presented for adjudication by the record in this cause, is whether or not in an action against the maker of a promissory note, or the acceptor of a bill, payable at a specified place, the plaintiff is bound to aver and prove a demand of payment at the time and place specified, to maintain the action. The negative of this proposition is maintained by the plaintiff in error, and the affirmative by the defendant. Without going into an examination-of the numerous decisions bearing upon the question, or the reasons advanced in support of those decisions, this Court has no…
2Cases cited2 opinions
- Wallace v. McConnellSupreme Court of the United States · 1839
- Bank of Kentucky v. HickeyCourt of Appeals of Kentucky · 1823