Stacy v. Baker
Illinois Supreme Court
The appellee instituted a suit in the Morgan Circuit Court, against the appellant, by petition and summons, on the following notes: “ On or before the first day of September, eighteen hundred and thirty-four, we promise to pay William Miller, Jr., three hundred dollars, in silver, for value rec’d this 13th day of Oct. 1826. Samuel Hitt, Iba Hitt. Attest, H. Pabkeb.”
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The appellee instituted a suit in the Morgan Circuit Court, against the appellant, by petition and summons, on the following notes: “ On or before the first day of September, eighteen hundred and thirty-four, we promise to pay William Miller, Jr., three hundred dollars, in silver, for value rec’d this 13th day of Oct. 1826. Samuel Hitt, Iba Hitt. Attest, H. Pabkeb.” On which is the following assignment: “ I assign the within note, for value received, to Robert E. Baker, this 14th day of October, 1828. William Milleb, Jr.” “ On or before the first day of September, eighteen hundred and…
1Opinion of the CourtSmith, Justice
The sustaining the demurrer to the pleas of the defendant, and admitting the assignor of the notes as a witness, are now assigned for error.
On the first point, as the demurrer was a general one to the pleas of the defendant, if either of them are good, it follows that the judgment on the demurrer was erroneous. Whatever may be the opinion of the Court on the second and third pleas, they can entertain no doubt of the validity of the fourth. It alleges an entire want of consideration for the notes, and avers that they were made and assigned in Kentucky, and further avers what the laws of…
2Cases cited5 opinions
- Bank of the United States v. DonnallySupreme Court of the United States · 1834
- Cox and Dick v. United StatesSupreme Court of the United States · 1832
- Slacum v. PomerySupreme Court of the United States · 1810
- Baird indorsee of M'Donnell v. Cochran & DowlingSupreme Court of Pennsylvania · 1818
- Baker v. ArnoldNew York Supreme Court · 1803
3Cited by2 opinions
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- Road District No. Eleven v. CoultasAppellate Court of Illinois · 1918