Ward v. Stout
Illinois Supreme Court
Writ; of Error to the Circuit Court of the county of La Salle; the Hon. Madison E. Hollister, Judge, presiding. On the 17th day of December, 1860, Daniel Ward instituted his action of assumpsit in the court below, against Samuel A. Summers and Joseph Stout, upon the following promissory note: $300. Marseilles, Nov. 25th, 1857. For value received, we, or either of us, promise to pay Daniel Ward, or bearer, three hundred dollars, six months, from date, for money loaned.
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Writ; of Error to the Circuit Court of the county of La Salle; the Hon. Madison E. Hollister, Judge, presiding. On the 17th day of December, 1860, Daniel Ward instituted his action of assumpsit in the court below, against Samuel A. Summers and Joseph Stout, upon the following promissory note: $300. Marseilles, Nov. 25th, 1857. For value received, we, or either of us, promise to pay Daniel Ward, or bearer, three hundred dollars, six months, from date, for money loaned. S. A. SUMMERS, JO. STOUT. Stout interposed defenses personal to himself, alleging that ‘ he executed the note as surety only,…
1Opinion of the CourtJustice Breese
This record presents a single question of pleading and one of easy solution. The action was assumpsit on a promissory note, and in order that the points may be clearly seen, we insert' the pleas, as amended by leave of the court. They are as follows :
By leave of court, and the said Joseph Stout, the said defendant, by Lewis Umlauf, his attorney, comes and defends the wrong and injury when, etc., and says aoUo non, because he says that the consideration of said promissory note in said plaintiff’s declaration mentioned, to wit: the sum of three hundred dollars, was money loaned, to wit: at the…
2Cases cited2 opinions
- Flynn v. Mudd & HughesIllinois Supreme Court · 1862
- Artcher v. Douglass & WickoffNew York Supreme Court · 1848
3Cited by30 opinions
- Wenom v. FossickIllinois Supreme Court · 1904
- Chapin v. C. & E. I. R. R.Appellate Court of Illinois · 1885
- Weiss v. BinnianIllinois Supreme Court · 1899
- Compton v. SmithSupreme Court of Alabama · 1897
- The People v. VitaleIllinois Supreme Court · 1936
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