Davis v. Scarritt
Illinois Supreme Court
Action of assumpsit, commenced by the defendant in error against Davis, the plaintiff in error, and one Wm. Pankey. The declaration contains two counts, and commences, Isaac Scarritt, plaintiff in this suit, complains of William Pankey and Thomas Davis, late partners, trading and doing business under the name, style and firm of Pankey & Davis, defendants.
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Action of assumpsit, commenced by the defendant in error against Davis, the plaintiff in error, and one Wm. Pankey. The declaration contains two counts, and commences, Isaac Scarritt, plaintiff in this suit, complains of William Pankey and Thomas Davis, late partners, trading and doing business under the name, style and firm of Pankey & Davis, defendants. For that whereas the said defendants heretofore, to wit: on the 24th day of July, 1851, at Alton, to wit, at the county of Greene aforesaid, made their certain promissory note in writing, by the name, style and firm of Pankey & Davis,…
1Opinion of the Court
Catón, J.
This action was upon a promissory note signed “ Pankey & Davis.” The defendants pleaded severally: Pan-key non-assumpsit and payment, and Davis non-assumpsit, which is verified by his affidavit. On the trial, the Circuit Court held, that this was not sufficient to put in issue the making of the note by him, or the existence of the firm of Pankey & Davis, by which the note purported to have been executed. In this the court erred. The eighth section of chapter forty, Rev. Stat., upon which this decision was made, has been twice construed by this court, on this very point. Stevenson v.…
2Cases cited1 opinion
- Warren v. ChambersIllinois Supreme Court · 1850
3Cited by8 opinions
- Supreme Lodge of Ancient Order of United Workmen v. ZuhlkeAppellate Court of Illinois · 1889
- M. W. Powell Co. v. FinnIllinois Supreme Court · 1902
- Zuel v. BowenIllinois Supreme Court · 1875
- Rozenski v. F. J. Dewes Brewery Co.Appellate Court of Illinois · 1901
- Third National Bank v. SnyderMissouri Court of Appeals · 1881
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