Legal Opinion

Frye v. Menkins

Illinois Supreme Court

Decided June 15, 1854PublishedCited by 6 opinions

This cause was tried before Peters, Judge, at March term, 1854, of the Peoria Circuit Court. This was an action of assumpsit on a promissory note, which is as follows: — “ Peoria, October 7th, 1851. On or before' the first day of March next, I promise to pay L. Nathan Platter, or order, the sum of two hundred and sixty dollars, for value rec’d. Smith Frye.” Which was indorsed as follows : — “ For value received, I assign the within note to Frederick Menkins.

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This cause was tried before Peters, Judge, at March term, 1854, of the Peoria Circuit Court. This was an action of assumpsit on a promissory note, which is as follows: — “ Peoria, October 7th, 1851. On or before' the first day of March next, I promise to pay L. Nathan Platter, or order, the sum of two hundred and sixty dollars, for value rec’d. Smith Frye.” Which was indorsed as follows : — “ For value received, I assign the within note to Frederick Menkins. Elnathan Platter.” The declaration alleges that Frye made the note payable to “Elnathan Platter,” by the name and style of “L. Nathan…

1Opinion of the CourtTreat, C. J.

This was an action of assumpsit, brought by Menkins against Frye. The declaration alleged that the defendant made his promissory note, bearing date the 7th of October, 1851, whereby he promised to pay Elnathan Platter, by the name and description of L. Nathan Platter, or order, for value received, the sum of $260, on or before the 1st day of March, 1852; and that Elnathan Platter afterwards assigned the same to the plaintiff. The pleas were non assumpsit and payment.

On the trial, the plaintiff offered in evidence a note and indorsement thereon in these words: —

“ Peoria, October 7th, 1851.

On…

2Cited by6 opinions

  1. Herrick v. SwartwoutIllinois Supreme Court · 1874
  2. Edgerton v. PrestonAppellate Court of Illinois · 1884
  3. Adams v. KingIllinois Supreme Court · 1854
  4. Frankland v. JohnsonAppellate Court of Illinois · 1892
  5. Platte & Denver Canal & Milling Co. v. LeeColorado Court of Appeals · 1892

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