Waterman v. Peet
Illinois Supreme Court
This was an action of assumpsit, brought in the Kane Circuit Court, by appellees against appellants, to recover the amount of a promissory note, made payable at the office of Ed. E. Harvey, at Elgin, Kane county, Illinois. Process was issued to the counties of Stephenson and Winnebago, where the defendants below resided and were served.
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This was an action of assumpsit, brought in the Kane Circuit Court, by appellees against appellants, to recover the amount of a promissory note, made payable at the office of Ed. E. Harvey, at Elgin, Kane county, Illinois. Process was issued to the counties of Stephenson and Winnebago, where the defendants below resided and were served. The declaration averred, ££ that the said promissory note upon which this action is commenced, was and is made specifically payable in the county of Kane aforesaid, and within the jurisdiction of this Court.” The defendants pleaded, in defence to the action,…
1Opinion of the Court
Opinion by Treat, C. J.:
The objection to the jurisdiction of the Circuit Court, if the appellants can now insist upon it, is not well taken. It was decided in the case of Key vs. Collins, 1 Scammon, 403, that, in a declaration on a contract specifically made payable in the county where the action was brought, it was not necessary to aver that the plaintiff resided in such county, to justify the emanation of process to a foreign county. The Court, in such case, has jurisdiction, without regard to the residence of the parties. It is the place of payment which controls the jurisdiction, and…
2Cited by1 opinion
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