McMillan v. Bethold, Smith & Co.
Illinois Supreme Court
Appeal from the Circuit Court of McLean county; the Hon. John M. Scorr, Judge, presiding. This was an action of assumpsit brought in the court below by Pierre B. Bethold, Julius H. Smith and Macklatt Thompson, against McMillan & Tator.
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Appeal from the Circuit Court of McLean county; the Hon. John M. Scorr, Judge, presiding. This was an action of assumpsit brought in the court below by Pierre B. Bethold, Julius H. Smith and Macklatt Thompson, against McMillan & Tator. The declaration contained a special count upon the following promissory note: “ $212 84-100. St. Louis, Mo., Oct. 27th, 1860. “ Four months after date we promise to pay to the order of Bethold, Smith & Co. two hundred and twelve 84-100 dollars for value received, negotiable and payable without defalcation or discount. ” McMillan & tator.” The common counts were…
1Opinion of the CourtJustice Bbeese
There are two affidavits found in this record, made by the same person as agent of the plaintiffs of the loss of the note made by defendant to them. The first was made October 31, 1861, and alleges the note to be lost or mislaid.
The other was made November 8, 1861, and states that the note referred to. in the first affidavit was not indorsed by the payees, and that it was lost by affiant in the city of Alton, and was advertised in a daily paper there, and that due diligence was exercised to obtain its recovery. The note was either picked from his pocket or mislaid in a memorandum book in some…
2Cited by3 opinions
- Edler v. UchtmannAppellate Court of Illinois · 1882
- Warnock v. FlemingAppellate Court of Illinois · 1916
- Petrue v. WakemAppellate Court of Illinois · 1902