Legal Opinion

Brown v. Hurd

Illinois Supreme Court

Decided April 15, 1866PublishedCited by 3 opinions

Writ of Error to the Superior Court of Chicago; the Hon. Van H. Higgins, Judge, presiding. This was an action of assumpsit brought in the court below, by Andrew J. Brown, against Harvey B. Hurd and others, upon a promissory note. A trial resulted in a judgment in favor of the defendants. The cause is brought to this court by the plaintiff on writ of error.

1Opinion of the CourtJustice Lawrence

This was an action of assumpsit brought by Brown, against Hurd, Dunlap and Colburn, upon a promissory note, signed “Dunlap, Wright & Co.” Dunlap and Colburn were defaulted for want of a plea. Hurd, by a plea verified by affidavit, denied the execution of the note. On the trial, the plaintiff, having first filed an affidavit showing that he had no other witness bv whom he could make the proof, offered to prove by Dunlap and Colburn, two of the defendants, that Hurd had authorized them to execute the note in controversy for himself and them. This evidence was objected to by Hurd, on the ground…

2Cases cited4 opinions

  1. Marquand v. WebbNew York Supreme Court · 1819
  2. Bell v. ThompsonIllinois Supreme Court · 1864
  3. Gilpatrick v. FosterIllinois Supreme Court · 1851
  4. Hurd v. BrownIllinois Supreme Court · 1861

3Cited by3 opinions

  1. Bragg v. GeddesIllinois Supreme Court · 1879
  2. Brown v. HurdIllinois Supreme Court · 1870
  3. Alexander v. CrosthwaiteIllinois Supreme Court · 1867

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