Dietrich v. Mitchell
Illinois Supreme Court
Writ or Error to the Circuit Court of Morgan county; the Hon. D. M. Woodson, Judge, presiding. This was an action of assumpsit commenced to the September Term, A. D. 1865, of the Circuit Court of Morgan county by Albert A. Mitchell against Jacob H. Dietrich, as guarantor of a promissory note. The declaration contained four counts.
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Writ or Error to the Circuit Court of Morgan county; the Hon. D. M. Woodson, Judge, presiding. This was an action of assumpsit commenced to the September Term, A. D. 1865, of the Circuit Court of Morgan county by Albert A. Mitchell against Jacob H. Dietrich, as guarantor of a promissory note. The declaration contained four counts. The first count set out a promissory note in the words and figures following: “ Maples, November 13, 1856. “ On or before the first day of March, 1858, 1 promise to pay J. H. Dietrich or order five hundred dollars, bearing ten per cent Interest from March 1, 1857,…
1Opinion of the CourtJustice Lawrence
This was an action of assumpsit brought by Mitchell against Dietrich, as guarantor of a promissory note. The note had been given by one Clifton to Dietrich, as payee. It had been indorsed by the latter, and over his name, in a different handwriting, was written an assignment and a guaranty. He filed a plea denying under oath the execution of the guaranty. The jury found a verdict for the plaintiff, and the defendant brings up the record.
On the trial the plaintiff asked, and the court gave, the following instruction:
“ 2. The court further instructs the jury for the plaintiff that the plaintiff…
2Cases cited2 opinions
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