Curtis v. Gorman
Illinois Supreme Court
ERROR TO ST. CLAIR. This was an action of assumpsit. The first count alleges, that on the 3rd of January, 1855, J. C. Foster made a note for two hundred dollars, payable to Gorman twelve months after date; that Gorman then indorsed and delivered said note to Joseph Barnes, and Joseph Barnes, on the 22nd day of March, 1855, indorsed and delivered said note to plaintiff; that Foster was wholly insolvent when note became due, whereby defendant became liable to pay it, etc., and…
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ERROR TO ST. CLAIR. This was an action of assumpsit. The first count alleges, that on the 3rd of January, 1855, J. C. Foster made a note for two hundred dollars, payable to Gorman twelve months after date; that Gorman then indorsed and delivered said note to Joseph Barnes, and Joseph Barnes, on the 22nd day of March, 1855, indorsed and delivered said note to plaintiff; that Foster was wholly insolvent when note became due, whereby defendant became liable to pay it, etc., and undertook, etc., in the usual form. Second count alleges the making and indorsing in all respects as first count, and…
1Opinion of the CourtSkinner, J.
The plaintiffs declared in assumpsit upon a promissory note executed by the defendant to the plaintiffs, and also upon an assignment of a promissory note executed by the defendant to the plaintiffs, made by one Poster to the defendant.
Plea, non assumpsit.
The evidence showed that the plaintiffs commenced suit in due time upon the assigned note against the maker, and that such suit, by arrangement between the. maker and the plaintiffs, the assignees of the note, was dismissed, but to which arrangement the defendant, the assignor, was not a party, and that the note, by due diligence, could have…
2Cited by4 opinions
- Cann v. CannWest Virginia Supreme Court · 1894
- Wright v. SmithSupreme Court of Virginia · 1886
- Chicago & Alton R. R. v. SimmsAppellate Court of Illinois · 1885
- Swiggett v. SeymourU.S. Circuit Court for the District of Indiana · 1868