Smith v. Williams
Illinois Supreme Court
This is an action of assumpsit, brought by the appellee against the appellant, impleaded, etc. Suit commenced by summons; service on George C. Smith, appellant only, others not found. The declaration contains three special counts and the common counts.
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This is an action of assumpsit, brought by the appellee against the appellant, impleaded, etc. Suit commenced by summons; service on George C. Smith, appellant only, others not found. The declaration contains three special counts and the common counts. The first count is on a note as follows : Chicago, III., Sept. 30,1857. Received of N. L. Williams, sixty dollars, cash, which we promise to pay on demand, with interest, at the rate of 3§- per cent, per month. $60. ERANK SWICK & CO. The second count is on a note as follows : Chicago, III., Oct. 1, 1857. Received of N. L. Williams, one hundred…
1Opinion of the CourtCaton, C. J.
This was an action of assumpsit on three several promissory notes, executed by Frank Swick & Co., a firm composed of Swick, Smith and Cowan, as is averred in the declaration. Smith alone was served with process. He appeared and pleaded non-assumpsit, which he verified by affidavit under our statute. The pleadings admitted the execution of the notes by Frank Swick & Co., and the only question made on the trial, was whether Smith was a member of that firm, when the notes were executed. Upon this point, the testimony was conflicting, some witnesses swearing that he was, and others, that he was…
2Cited by2 opinions
- Illinois Central Railroad v. WheelerIllinois Supreme Court · 1894
- State ex rel. Town of White Oak Springs v. ClementsonWisconsin Supreme Court · 1887