Hoyt v. Jaffray
Illinois Supreme Court
This was a declaration, in assumpsit upon the following instrument of writing, called a promissory note: §1,139.92. New York, March 30, 1861. Six months after date, I promise to pay to the order of Messrs. J. R. Jaffray & Sons, eleven hundred thirty-nine and 92-100 dollars, value received, at W. H. Miller’s Bank, Aurora, 111., with current rate of ex. on N. Y. C. L. HOYT. Declaration was in usual form, and contained common counts. The general issue only was pleaded.
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This was a declaration, in assumpsit upon the following instrument of writing, called a promissory note: §1,139.92. New York, March 30, 1861. Six months after date, I promise to pay to the order of Messrs. J. R. Jaffray & Sons, eleven hundred thirty-nine and 92-100 dollars, value received, at W. H. Miller’s Bank, Aurora, 111., with current rate of ex. on N. Y. C. L. HOYT. Declaration was in usual form, and contained common counts. The general issue only was pleaded. Trial before the court without the intervention of a jury. The bill of exceptions shows that the above written instrument was…
1Opinion of the CourtWalker, J.
This was an actitin of assumpsit, on an instrument for the payment of $1,13.9.92, payable in six months, with current rate of exchange on E w York. It was payable at Miller’s Bank, at Aurora, Illinois, to the order of defendants in error, and expresses on its face, to have been given for value received. The point relied upon to reverse the judgment of the court below, is, that there was no evidence beyond the note itself, of a consideration, to support the averment of the declaration. In support of this position, the case of Lowe v. Bliss, 24 Ill. 168, is referred to as authority. In that…
2Cases cited2 opinions
- Lowe v. BlissIllinois Supreme Court · 1860
- Bilderback v. BurlingameIllinois Supreme Court · 1862
3Cited by5 opinions
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- Stolzenbach v. PagoriaAppellate Court of Illinois · 1979
- Allen v. Estate of AllenAppellate Court of Illinois · 1920
- Keelyn v. StriederAppellate Court of Illinois · 1909